Legend 9: HB2 takes away rights to sue for violations of the rights of the disabled. This is not true.
TRUTH: The laws for disability discrimination are in Chapter 168A of the NC General Statutes and are quite robust. It complements the Americans with Disabilities Act 42 U.S.C. §§12101-12213.
Legend 10: HB2 means that one cannot sue for discrimination as a veteran.
TRUTH: Wrong. Rights of veterans to sue are set out in other statutes. North Carolina has preferences and protections for veterans. Veterans have preferences under the following statutes: N. C. Gen. Stat. §§ 17C-10.1, 20-7(f)(3b) & (q), 93B-15.1, 95-28.4, 105-277.1C, 113-296, 113-174.2(c)(6), 116-143.3A, 116-209.54(b)(6), 112C-115.4, 126 art. XIII, 127A-202.1, 127B-11,12, and 14, 128-15, 143B art. XIV Parts 2, 3 & 9.
Legend 11: House Bill 2 requires one to use the locker room or changing room or restroom based on biological sex assigned at birth. That is not true.
TRUTH: The law states “as shown on the birth certificate.” Birth certificates can be changed after sex reassignment surgery. N.C. Gen. Stat. § 130A-118(b)(4). In 46 states, birth certificates can be changed under varying criteria. HB 2 gives “full faith and credit” to these decisions of other states. There is no requirement that anyone carry or present a birth certificate.
Legend 12: HB2 is a North Carolina problem. Hardly.
TRUTH: In May, the State of Texas and 10 other states sued the federal government for relief from the same Presidential attack which has been launched against North Carolina.
The Department of Justice sued North Carolina for sanctions under Title VII and Title IX. Title VII involves employment discrimination for all employers of more than 15 employees. 42 U.S.C. § 2000(e)(2) (1994). Eighty percent of the employees in America are covered under Title VII. They are in every state of the nation. The Obama administration has threatened every business in America with more than 15 employees with Title VII suits if they do not submit to its subjective and radical redefinition of the word “sex.”
Legend 13: The federal government will take education money away if states do not cave in.
TRUTH: Under Title IX schools have the right to comply within 30 days after the completion of legal proceedings. This can take years. In the 44 year history of Title IX not one school has lost funding on this ground. The Obama administration announced on May 12, 2016, that it would not seek to stop Title IX funding until the litigation is concluded.
Legend 14: North Carolina will suffer financial disaster if it persists in HB 2. This is a curious claim since HB2 did not significantly change the substantive law. See Legends 2, 3 and 4.
TRUTH: The Census Bureau recently reported that since 2013 North Carolina has had the fastest growing economy in the nation. Recently, and after the enactment of HB2, Site Selection Magazine4 stated that North Carolina (despite HB2) and Texas (despite falling oil prices), were tied for FIRST PLACE in the competition to locate new businesses. Even more recently, CEO Magazine ranked North Carolina 3rd in the nation as the BEST place to do business.5