Explanations of the implications of The New HB2 Law

The new law is a force that has to be reckoned with. Reading over a note from my company’s CEO that states that it added discrimination instead of deleting it sounds awfully wrong. Add on the fact that what is being publicized is about the use of restrooms by different sexed individuals just creates noise to the real issue at here. It is another ploy to keep you from thinking about the issues and worrying about the noise. The noise in this case is not as important as what is not being publicized. We have to get this out into the view of everyone.

This bill, which recently became law, declares that state law overrides all local ordinances concerning wages, employment and public accommodations. Under HB2, state law now prevents local communities from passing their own laws prohibiting discrimination against any group that is not named in the state law. North Carolina cities may not pass any law prohibiting discrimination based on, for example, sexual orientation, in public accommodations, employment or pay. Further, HB2 stipulates that people must use multiple occupancy restrooms consistent with the sex specified on their birth certificate, regardless of the gender with which they identify.

The big one here is the restrictions it puts on employment or pay in NC. When it comes to those things bathrooms are the least of my worries I am not sure about the rest of NC though. Looking at some of the NEWS footage that has been put on television people are more outraged about the bathroom issue than with how it can affect their employment rights as individuals or even their pay. NEWS outlets are there to report the news they do not however break down the laws that could be of importance to you. It is up to you to perform that for yourself. If you are able to understand what is written to give the information away freely and update the masses. So that they can know as well. I have researched it and I now understand it and I have the words that helped me understand it listed below in this blog post for you to see for yourself. I looked through several media outlets and the wording was different but the same content was implied. I chose the easier to read one here.

Law professor Brian Clarke had this to say:

Many have reached out to WBTV for a deeper explanation of what the law means.

“HB2 affects everyone,” said law professor Brian Clarke. Clark said if you face discrimination at work, you can no longer go straight to the courthouse and sue your employer.

“Trying to put it in normal human terms rather than in civil procedure terms – it’s much easier to file a case in state court,” Clarke said.

HB2 delivered on what state lawmakers promised.

“It creates a state-wide non-discrimination ordinance and public accommodations which we’ve never had before, which is a perfectly good thing to do,” Clarke said. “But it, of course, limits the protection categories to race, age, national origin, religion, color and biological sex to avoid any potential expansion of that in the courts.”. He goes on to say that the law goes beyond the stated goals. “Then it deals with employment, so it deals with things that are utterly unrelated to LGBT rights, to bathroom usage, to public accommodations. And it deals specifically and directly with employment,” Clarke said.

The law addresses the minimum wage, and does not allow any local government to set a minimum wage.

“The legislature took that power expressly away, so forbade any local government from raising the minimum wage beyond what federal and state law require,” Clarke said.

Clarke teaches employment law at the Charlotte School of Law after being an employment lawyer for 11 years. He says one sentence in the law was very big.

The law states, “This Article does not create, and shall not be construed to create or support, a statutory or common law private right of action, and no person may bring any civil action based on the public policy expressed herein.”

“In a very hidden way, it eliminated the ability for employees in North Carolina to file claims under state law for employment discrimination on the basis of race, sex, national origin, color and age,” Clarke said, “And that’s a right that North Carolina employees have had since 1982… and it’s gone.”

Clarke said North Carolina is now only one of two states that don’t provide these employment protections.

“Mississippi has never had a state anti-discrimination law. We had one and had one since 1977, but now we don’t anymore. The words are still in the statute book but there’s no way to enforce them,” Clarke said.

Proponents of the law point to the federal protections, but Clarke says the remedy under federal and the old state law were not the same.

“Under federal law you have 180 days to go to the EOCC [Equal Employment Opportunity Commission]. Under North Carolina law, as it existed before HB2, if you were fired based on discrimination you had three years to file that claim. You didn’t have to go to any government agency you just went and filed your claim at the courthouse,” Clarke said.

The old state law also allowed an employee to file within three years versus the federal law that state within 180 days. Also, under the federal law, Clarke explained there are caps on damages up to $300,000. The state law had no cap.

“I was a management side employment lawyer for more than a decade, and I can’t see the ‘why,'” Clarke said.

A couple of weeks ago, Representative Dan Bishop – who drafted the law – said the federal system still protects people. Governor McCrory has also said HB2 does not take away any rights.

Clarke disagrees. He told his students that the lawsuit the LGBT community has filed could only allow the courts to overturn the parts of HB2 dealing with those rights.

“Even if that lawsuit is successful, the rights taken away on the employment side of things are not going to be affected,” Clarke said. “Those are the law unless they are specifically repealed.”

North Carolina has even been poked fun at because of this law which makes the slap that was given to us by this law even greater. Comedian Trevor Noah had these comments and more to say.The Daily Show with Trevor NoahGet More: The Daily Show Full Episodes,The Daily Show on Facebook,The Daily Show Video Archive

I can’t see this law being a success. The rights being taken away on the employment side alone warrant it being quashed and re-written to properly reflect clear changes that have to do with the LGBT community only. Leave the other pieces of legislature out of this. These things should be separate and not lumped together but as I said the LGBT portion of the law was just white noise. The other was just supposed to slip in un-noticed. NC this is the real reason companies are not coming to NC not because of a bathroom law but because of discrimination and employment laws that are within this law as well. I hope we wake up and get a repeal for this law. This is crazy.

Till next post, this has been,


 

Kareem Abdul Jabbar on Donald Trump

Donald Trump the man has had numerous failings in America and has come back from those same failings like a mythical Phoenix. I do not believe that he has the ability to help America as a leader or as a whole. His ideals are very business oriented and not very explicit on world views either. To many of that has seen the blurbs of him on the television, we are mostly caught off guard to what he says and how he aligns himself with the world. He has no filter, he has no real political background, he has no worldly morality. His worldly morality if he had any would not have any thought of race or segregation at all. This man speaks of very violent things as if he is in the locker room with his buddies after a round of golf; but he says them publicly and on the news. Then after he has stated these obscene words and phrases, and has had a chance to see what he looks like, then wants to try to state that we who have seen it saw it wrong that we have taken his words out of context; it was not what he meant. Donald Trump is a real estate mogul, who at this late stage thinks he can help America as he has helped himself. Donald it doesn’t work that way what worked for you will not work for America. There are too many variables involved, to many different nationalities to contend with, to many different religions to deal with. Dealing with all that and then some is what a president deals with in the first 10 minutes of his day. You couldn’t even handle the questions and comments of a FOX analyst. You should really look at why you are running and if it is aligned with truly helping America or just Donald Trump. The policies and platforms are important for the American people to know what you stand for. Last time I heard you were still talking border patrol and keeping people out of America. Mr. Trump it would be great if you had a plan and some political knowledge. It would show clearly when interacting with the media, supporters, and protesters of your campaign.

Kareem Abdul Jabbar had a few this to say on the matter as well. I found this posted video on the Huffington Post Politics site. In it Mr. Jabbar speaks about Mr. Trump and his wanting to close Muslim Masques and ban Muslims particularly. Take a listen please?

http://www.cnn.com/video/data/2.0/video/tv/2016/02/05/exp-gps-abdul-jabbar-sot-trump.cnn.html

This is not a candidate for America. This is a candidate for himself. Haven’t we had enough of this type of person in the White House. We stood for Change let’s continue to do so. Look to go forward not fall backwards. We all have a responsibility to this country just as Mr. trump does. With this type of person in the White House we will all have lost. If he gets the nod it is our own fault, we will have no one to blame but ourselves. When we ride our highways; we see on each of the signs on our great highways. “Let’s Keep America Beautiful” people. We must vote as a nation and ensure that we continue to move forward as one people. Mr. Trump and others like him want to keep the nation divided. Let’s not allow that. Mr. Jabbar echo’s what a lot of other people think.

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The NEWS – Things are horrible

On the news if you watch it makes the world look so negative. There all of these deaths and radical events happening around us. That are chronicled by the media that does not have the best interest of the people involved. If you watch the NEWS of television in general everything is made out of skew. Unreal like; there are no actual people on television. The deaths that are televised seem to come from an action movie but are real life. Somewhere actual people are trying to bring the movies to the streets and the media empires are allowing them to do so.

What I am afraid of is that they are letting this pressure build to allow an actual death to happen on television. Every morning or over in the night there is someone reporting multiple deaths. The person is captured by our law enforcement groups only to have them be placed on the shelf. In other countries if they knew you did it or even had good reason to believe that you did it. You can bet your punishment will be swift and just. Here we kill your character because your credit and reputation are what makes you in America. We should have a more deliberate approach where we try to save the individuals that are abiding the rules and living correctly. America don’t let the few that are stepping out of character herd the rest of into a frenzy.

There are several instances lately where all races have had cause to be upset at some point. My point is that if you look hard enough you can find problems, that’s easy to do. What is hard is looking hard enough to find the good in everyone else. Media outlets seem to not care about the good things that happen as much as it seems they enjoy glamorizing the bad. Here there now has been a deliberate separation of church and state governmentally. In reality I think the separation has happened across the world and our country.

I remember the pledge of allegiance in school to start class now that is wrong. If everyone has their own deity how about we just have a silent prayer then? There is a lot wrong with today and there aren’t many of us trying to fix today, tomorrow or the next day. The ones coming behind us are going to pay dearly because of our need for greed.

 

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