Tuesday, 10 May 2016 - 4:36pm

Click here to download the presentation outlining lawsuits regarding North Carolina's law.

Dear Colleagues,

ACPA is pleased to present a graphical update on the North Carolina and Department of Justice lawsuits related to HB 2 and its discriminating impact on transgender identified persons.  Colleges and universities in North Carolina are caught in the middle of this legal process and will continue to suffer the impact for some time to come.

HB 2 continues to put students and campuses at risk.  At the University of North Carolina, the policies requiring implementation of HB 2 effectively exclude most trans UNC students from using the correct bathroom. HB 2 defines sex as “stated on a person’s birth certificate.” But in North Carolina, you cannot change the sex on your birth certificate unless you receive gender reassignment surgery.  Other states, like Tennessee, explicitly bar trans people from changing their birth certificate sex—even if they receive gender reassignment surgery. So a trans UNC student born in Tennessee, for example, is now banned from public bathrooms for life.  

As interpreted by the Equal Employment Opportunity Commission, Title VII of the Civil Rights Act of 1964 forbids employers from discriminating on the basis of gender identity. (EEOC Commissioner Chai Feldblum has already stated that her agency “will investigate claims by NC employees denied access to appropriate restrooms.”) And as interpreted by the Department of Education, Title IX of the Education Amendments of 1972 prohibits schools that receive federal funding from discriminating against trans students. Both of these laws view trans-exclusionary bathroom policies as illegal discrimination.

ACPA moved our Assessment Institute from Charlotte, North Carolina when it became obvious that Governor McCrory was not backing down or initiating a repeal or reversal. 

We are continuing our communications with the grassroots groups working for repeal including the ACLU and Equality North Carolina and invite you to continue to provide comments and perspective that we can add to our communication with the Governor's Office and the Legislature in North Carolina.

Thank you.

Best,


Cindi Love, Ed.D.
ACPA Executive Director

P.S. Thank you to our partner at the National Journal for compiling this data for us.