Gov. Pat McCrory issued an executive order Tuesday that affects five provisions of the controversial House Bill 2 and will allow local governments to pass their own nondiscrimination policies.
The executive order provides support for new legislation that would allow employees to sue their employers for discrimination in state court. It also expands North Carolina’s policy for state employees to cover sexual orientation and gender identity, according to The News & Observer.
The order reinforces the law’s controversial provisions regarding gender-specific bathrooms and its support for local governments and private businesses to create their own nondiscrimination policies.
McCrory announced in a statement that his executive order was necessary because of confusion surrounding the intent of HB2. The executive order states that “it is the policy of the executive branch that government services be provided equally to all people.”
The original law, ratified during a special session last month, described itself as “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.” The law has been commonly referred to as a “bathroom bill,” but it also encompasses unrelated matters, preventing cities from raising their minimum wages or extending protections from discrimination based on gender identity and sexual orientation.
McCrory’s order went on to insist that the state has a “rich legacy of inclusiveness, diversity and hospitality [that] makes North Carolina a global destination for jobs, business, tourists and talent.” However, the provision in HB2 requiring that individuals use the bathrooms of the sex listed on their birth certificate remains unchanged, leading to ongoing criticism from businesses and public figures.
The American Civil Liberties Union has been a major critic of HB2, and it has filed a lawsuit against the state. In response to McCrory’s executive order, ACLU of North Carolina Acting Executive Director Sarah Preston said in a press release: “Gov. McCrory’s actions today are a poor effort to save face after his sweeping attacks on the LGBT community, and they fall far short of correcting the damage done when he signed into law the harmful House Bill 2, which stigmatizes and mandates discrimination against gay and transgender people.”
