• Jeff Hutchins

The Dark Side of the Bathroom Bill

Updated: Jul 9, 2019


Much to do has been made over the new “Bathroom Bill” in North Carolina. This bill, symbolic of the still present gay marriage debate in America, garnered national attention. Simply put, the bill requires one to use the bathroom aligning with their “biological sex”. Enforcement and definitions will be saved for another post. Instead, another portion of the bill will be examined in this blog.

Newscasters commonly refer to this bill as HB2. Few if any of the news stories on the topic actually call the bill by its title: “AN ACT TO PROVIDE FOR SINGLE-SEX MULTIPLE OCCUPANCY BATHROOM AND CHANGING FACILITIES IN SCHOOLS AND PUBLIC AGENCIES AND TO CREATE STATEWIDE CONSISTENCY IN REGULATION OF EMPLOYMENT AND PUBLIC ACCOMMODATIONS”.

This post is not about the first half of the title but the “regulation of Employment”. In this very short emergency session, the law makers of North Carolina made a major change to the way and amount local municipalities may pay contract workers and if workers may seek protection for wrongful termination in state court.

The employment aspect of the bathroom bill, commonly overlooked, affects employees in a big way. The few state court remedies for wrongful termination are now abolished. At the moment, it appears that the governor and surprisingly many businesses seek to walk this provision back.

This blog provides an in-depth analysis of the topic. Basically NC has few if any protections, in State Court, for wrongfully terminated employees. Unable to sue in state courts, workers will be forced to Federal Court which is less accessible to most litigants. Due to Governor Pat McCrory’s recent back tracking, it appears this might change. Even so, for the time being, NC’s few protections for wrongfully terminated employees were just discarded.

As always, ensure you find a qualified attorney to guide you through whatever situation may burden your path.


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