Law360 reported this morning that the State of North Carolina has filed suit against the U.S. Department of Justice in federal court in Raleigh. The suit seeks a declaratory judgment (official ruling from the court) that, by enforcing HB 2's provisions regarding "bathroom use and changing facility use by state employees," the state is not in violation of Title VII of the Civil Rights Act of 1964 or the Violence Against Women Act.
Here is a copy of the lawsuit. The case has been assigned to Judge Terrence Boyle, a Reagan appointee and longtime member of North Carolina's federal judiciary.
Assuming the State wasn't going to give in to the DOJ, it didn't have much of a choice but to take the offensive, given the letter received by Gov. Pat McCrory last Wednesday.
Should be an interesting next few months. I look forward to having this issue resolved once and for all (whenever that may be).
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This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.

