North Carolina Public Facilities Privacy and Security Act (HB 2)

***Partially repealed on March 30, 2017, with the passage of HB 142.***

HB 2 would ban transgender individuals from using public restrooms based on their own gender identity.

The bill would require local boards of education to require every multiple occupancy bathroom or changing facility that is designated for student use to be designated for and used only by students based on their biological sex.

The bill defines “biological sex” to mean the physical condition of being male or female, as stated on a person’s birth certificate.

HB 2 would require public agencies to require every multiple occupancy bathroom or changing facility to be designated for and only used by persons based on their biological sex.

The bill would also establish a statewide nondiscrimination ordinance that explicitly supersedes any local nondiscrimination measures. In addition, it would prohibit local governments from regulating or imposing “any requirement upon an employer pertaining to compensation of employees, such as the wage levels of employees, hours of labor, payment earned wages, benefits, leave, or well-being of minors in the workforce.”

The bill would prohibit cities and counties from requiring private contractors to abide by regulations or controls on employment practices or to mandate or prohibit provision of goods, services, or accommodations to any member of the public, except as required by state law.

The bill would also remove the statutory and common-law private right of action to enforce state anti-discrimination statutes in court.

STATUS

Signed into law on March 23, 2016 by Gov. Pat McCrory (R).

On May 9, 2016, the United States Department of Justice sued the state, claiming the law was discriminatory under Title VII and Title IX of the Civil Rights Act and violates the Violence Against Women Act.

Gov. McCrory and legislative leaders filed separate suits against the DOJ, asking that a judge determine the law is not discriminatory.

The ACLU of North Carolina filed a suit against North Carolina on March 28, 2016.

Alliance Defending Freedom, representing students and parents at North Carolina public schools and universities, filed a suit against the Department of Justice and Department of Education on May 10, 2016.

On August 26, 2016, a federal judge issued a narrow, temporary injunction blocking the University of North Carolina from enforcing the “bathroom bill” provision of HB2.

North Carolina dropped its lawsuit against the federal government on Sept. 16, 2016. The state will continue to defend the law in the two other cases against it.

Legal Documents

• DOJ complaint against North Carolina
• North Carolina’s complaint against DOJ
• Legislative leaders complaint against DOJ
• ACLU of North Carolina complaint against North Carolina
• North Carolinians for Privacy vs. United State DOJ and United States DOE

***Partially repealed on March 30, 2017, with the passage of HB 142.***

HB 142 repealed the provision which prohibited transgender individuals from using public restrooms based on their own gender identity.

People

Organizations

• ACLU of North Carolina
• Alliance Defending Freedom