In The Aftermath of the “Reset” of HB2
April 13, 2017
In the aftermath of the “reset” of HB 2 Gov. Roy Cooper has made four claims, on Capital Tonight, Spectrum Cable, April 10, 2017.
1.) Under the law, as HB 2 was repealed and replaced by HB 142, those persons claiming to be transgendered will still be able to use the changing room/restrooms of their own choice. This will doubtless be a surprise to the managers of HB 142 who assured the public that HB 142 preserved the privacy and security of women and children. An April 12, 2017 blog post by Professor Robert Joyce of the UNC School of Government advises local governments that while they may not adopt “policies” individual managers may allow biological males into women’s changing rooms and, if they don’t they may be liable to that biological male.
Governor Cooper’s claim may also surprise state employees since Governor Cooper has not rescinded Governor McCrory’s Executive Order dated April 12, 2016 on the usage of changing rooms and restrooms in state offices under the Governor’s control.
2.) Governor Cooper claims that HB 142 now allows local government (cities and counties) to enact protected classes for their own employees. This is really a surprise since HB2 specifically provided that this was already allowed. HB 142 made no change there. See Section 3.1(c) (last clause) of HB2.
3.) Governor Cooper claims that under HB 142 cities and counties can now enact ordinances requiring their bidders to have additional protected classifications for the contractors’ employees and vendors. This position was taken by the University of North Carolina School of Government the day after HB 142 became law. This would be a surprise to the managers of HB 142 since House leadership did not intend this change.
To continue reading about the aftermath, click here.