Wednesday, May 4, 2016
The Department of Justice (DOJ) has sent a letter to North Carolina Governor Pat McCrory (pictured below) advising him that both he and the state of North Carolina are in violation of Title VII because of the controversial HB2 statute. The letter focuses on Title VII, but also informs the Govern that the DOJ has also sent a letter to the North Carolina Department of Safety and the University of North Carolina similarly notifying them that they have engaged in violations of Title VII, as well as Title IX and the Violence Against Women Reauthorization Act.
Recall that the law, entitled "An Act to provide for single-sex multiple occupancy bathroom and changing facilities in schools and public agencies and to create statewide consistency in regulation of employment and public accommodations," was challenged in late March, a week after it was enacted, on various grounds, including the Equal Protection Clause.
The DOJ letter gives Governor McCrory until the close of business on May 9 to respond.