HR Alert

North Carolina Repeals Law Protecting Individuals in Employment Based on 'Biological' Sex

State Law Now Protects Individuals Based on 'Sex'

North Carolina has repealed a law protecting certain individuals in employment based on biological sex.

Background
A prior law (HB2) added the qualifier "biological" to the state nondiscrimination law in relation to sex as a protected category. As a result, the state nondiscrimination law as amended by HB2 read, "It is the public policy of this State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgement on account of race, religion, color, national origin, age, biological sex or handicap by employers which regularly employ 15 or more employees." (Emphasis added.)

Repeal of HB2
A new law repeals HB2. As a result, the state nondiscrimination law now protects certain individuals in employment based on sex, as opposed to biological sex.

Employers with questions as to the law's impact on workplace policies and practices should contact a knowledgeable employment law attorney.

The new law is currently in effect. Click here to read the new law.


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