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Jenner & Block, as co-counsel with Lambda Legal and the ACLU of North Carolina, on July 21, 2017, filed an amended complaint that challenges North Carolina’s replacement “bathroom bill.” At issue is HB 142, which replaced controversial HB 2 in March. The plaintiffs include a group of LGBT individuals who work at various North Carolina public institutions. The defendants include North Carolina Gov. Roy Cooper and other state officials. According to the plaintiffs, HB 142 bars the “regulation” of access to restrooms and other facilities in schools and other state or local government buildings in North Carolina, leaving transgender people vulnerable to discrimination and even possible arrest. It also prevents cities from passing any protections against discrimination in private employment or places of public accommodation until 2020.
“By deterring transgender individuals from using restrooms and other single-sex, multiple-user facilities that accord with their gender identity and preventing local governments from extending protections in employment and public accommodations based on sexual orientation and gender identity, HB 142 violates the United States Constitution and federal laws prohibiting discrimination on the basis of sex,” the complaint reads.
Partner Scott B. Wilkens leads the firm team, which includes Partner Luke C. Platzer and Associates Andrew C. Noll, Benjamin J. Brysacz, Lorenzo G. Di Silvio and Thomas D. Garza.