How Repeal of Bathroom Bill Affects Employment Law

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After a controversial year on the books, North Carolina’s HB2 has been repealed.

  • Repeal of House Bill 2 and House Bill 142: Statute of Limitations for wrongful termination claims based on discrimination based on race, sex, religion, national origin, age, and disability under N.C. Gen. Stat. § 143-422.2 (NC Equal Employment Practices Act) has been restored to three (3) years.
  • Under House Bill 142 in July 2016, there was a one (1) year Statute of Limitations to file lawsuit.
  • The new law does not have any explicit recognition of employment protections based on sexual orientation or gender identity but with repeal, lawyers are again free to argue that “sex” in NC Equal Employment Practices Act refers to both sexual orientation and gender identity.
  • Existing ordinances will not go away, however all localities are pre-empted from amending or enacting employment laws until December 2020.
  • The bill passed March 30, 2017.

If you have other employment law questions, please contact Tracy Stroud at 252-321-2020.