Podcast: Controversial North Carolina LGBT Law Has Hidden Employment Implications

Hosted by: David Weisenfeld

North Carolina's so-called "bathroom law" has drawn the ire of the US Department of Justice and become a nationwide flash point. The law, HB2, nullified a Charlotte ordinance that had given new protections to transgender individuals who use public restrooms based on their gender identity. But somewhat lost amidst all the vitriol over this measure are its very real employment provisions.

On this podcast, noted employment attorney and blogger Robin Shea, of Constangy, Brooks, Smith & Prophete's Winston-Salem office, discusses these issues and why HR must take note. For instance, she says the law includes a provision saying wrongful termination claims have been nullified in the Tar Heel State. HB2 also prohibits any North Carolina municipality from raising its minimum wage beyond the state minimum.

Controversial North Carolina LGBT Law Has Hidden Employment Implications

May 18, 2016

But it creates employment-related headaches as well since this North Carolina measure (and a similar Mississippi law) conflict with federal law. "The wisest preventive course, even if you're a North Carolina employer," Shea cautions, "is go ahead and follow EEOC and OSHA guidance, which says bathrooms should be available to everyone based on their gender identity."

Additional Resources

Transgender Workplace Rights: EEOC Releases Fact Sheet, North Carolina Lawsuits Filed

Sexual Orientation and Gender Identity Issues in the Workplace - Supervisor Briefing