Wednesday, April 13, 2016

"Governor Pat McCrory’s Executive Order 93 doesn’t fix or even put a band aid on HB 2." Meaning Pat McCrory lied to the public on March 25, 2016

"Executive Order 93 shows that McCrory was not truthful back on March 25, 2016, when he posed and answered this question: “Does this bill [HB 2] take away existing protections for individuals in North Carolina? Answer: No. In fact, for the first time in state history, this law establishes a statewide anti-discrimination policy in North Carolina which is tougher than the federal government’s.” At least until he pulls it down, this series of questions can be found here. In Executive Order 93, however, McCrory now admits this was not true: “I support and encourage the General Assembly to take all necessary steps to restore a State cause of action for wrongful discharge based on unlawful employment discrimination.” release of March 28, 2016:

..."The non-discrimination policies in place today in cities like Raleigh, Greensboro and Asheville and in every business in North Carolina are the same as they were last month and last year.”


...Executive Order 93 now also sees the need to step in and “affirm that private businesses, nonprofit employers and local governments may establish their own non-discrimination employment policies.”

...holding out an Executive Order as even capable of modifying contrary positions of legislation is deception of the worst sort. McCrory’s role was to veto HB 2 which he did not do. We live in a democracy where the executive branch doesn’t have dictatorial powers over the legislative branch. Where HB 2 prohibits it, the governor can’t simply change the law stripping power from local authorities by simply affirming for example that “local governments may establish their own non-discrimination employment policies.”

...The Executive Order also provides: “Nothing in this section shall be interpreted as an abrogation of any requirements otherwise imposed by applicable federal or state laws or regulations.”

Meaning the Executive Order doesn't mean anything
and he lied to the public on March 25, 2016

McCrory has forgotten our great state motto

“To be rather than to seem.”
"...HB2 also effectively strips all enforcement mechanisms from state anti-discrimination employment law leaving anyone with an existing or future complaint without recourse within North Carolina.

Meaning Pat McCrory lied to the public on March 25, 2016

Many North Carolina citizens have already discovered this firsthand as their existing options disappeared overnight.

One of the least discussed aspects of the state’s new discrimination law is the fact that is strikes down an employee’s right to sue a company for wrongful termination.

Rick Copeland is in his 60s and was fired last March from his job as a vice president at BB&T’s office in Gastonia.

“I was the oldest guy making the most money,” Compton said.

...Compton filed a discrimination complaint with the U.S. Equal Employment Opportunity Commission.

...“It was purely an age discrimination case,” he says.

But now with HB2, Compton can no longer file suit in state court.

Meaning Pat McCrory lied to the public on March 25, 2016

His only avenue is to go federal.

...“...the law virtually eliminated the North Carolina prohibition on discrimination based on, in Rick’s case, age, disability,” said attorney Josh Van Kampen. he added, “We immediately had to pickup a phone and call all of our clients and say they had just lost half their claims.”

Meaning Pat McCrory lied to the public on March 25, 2016

HB2 strips terminated employees’ rights to sue their former employer for discrimination  and wrongful termination claims based on protected class including race, religion, color, national origin, age, sex and handicap.

...HB2 specifically prohibits the residents of all our cities from filing a lawsuit based upon our state anti-discrimination statute. [SNIP]

...the vast majority of lawyers in North Carolina have never appeared in a federal court and do not understand the steps you must take to bring and win a federal discrimination claim. As a practical matter, many North Carolinians will not be able to fight against discriminatory firings.

...attorneys representing North Carolina citizens in employment cases within the federal system must wait until EEOC investigations complete (a requirement not present in the state system). The EEOC process can take anywhere from six months to two years to complete.

North Carolina may have successfully legislated a solution to a problem that didn’t exist (as no sexual assaults have ever occurred in any of the 200+ local governments with transgender protections for decades where the assailant was transgender or used trans-inclusive laws to attack women or children), but it effectively crippled itself economically in the process.

Whether it’s the millions in business the state is hemorrhaging daily or the legal limbo it gleefully placed its citizens in to placate corporate interests, North Carolina now stands as a shining beacon of far right Republican leadership and governance."
"...Under HB2, a transgender person who is anatomically a woman, but outwardly appears to be a man will be compelled by HB2 to use the woman's rest room. In waiving a false warning flag that the Charlotte ordinance would have given cover for a man to dress up as women to gain access to a woman's facility, HB2 has now made it so that we will now be assured to see men in women's bathrooms.

...How do we evaluate potential threats now that HB2 is the law? There's a guy in the women's restroom, do we call the cops to see if he is transgender man merely complying with the law or are we less able to assess real potential threats because HB2 requires certain people who look like men to use women's facilities?

For those who truly worry about privacy and security in bathrooms, Berger and his HB2 supporters haven't made you any safer, they have given you a false sense of security, but if you think it through, they have actually made bathrooms less safe—for everybody.

...If it were truly a threat to public safety to allow transgender people to use bathrooms that match their appearance, as Charlotte would have allowed, how could Berger have been so derelict and so irresponsible as to only apply the provisions of HB 2 to government bathrooms? If the “threat” is real then it absolutely, as a duty, would be incumbent upon lawmakers to apply to all bathrooms such as those in hotels, restaurants and churches. HB2 doesn't do that. Why not?

And what happens if someone breaks the laws of HB2?

Nothing. It's not a criminal statute. It's administrative. “Employees must wash hands” has more teeth. So concerned were the authors of HB2 with safety and stopping the perverts that those who violate HB2 face no repercussions.

Why? Because it's not a public safety issue. Existing laws already cover things like assaulting and molesting people. HB2 is a vehicle for Berger and his colleagues to agitate people. He's rattling our cages and that's it."