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Old 04-06-2016, 11:20 AM
 
15,723 posts, read 9,646,626 times
Reputation: 6988

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Quote:
Originally Posted by SunnyKayak View Post
Correction, It does not make it illegal to sue, the law states it can not be taken to the state courts.
Do you see no problem with this law?
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Old 04-06-2016, 12:12 PM
 
Location: West Raleigh
1,037 posts, read 1,119,294 times
Reputation: 1237
Quote:
Originally Posted by poppydog View Post
The bathroom thing is a complete Trojan Horse.

The law prohibits local municipalities from establishing their own minimum wage, for example. It's just one more example of this terrible power-hungry legislature grabbing control from local authorities like they tried to do with Charlotte's airport and Asheville's water supply. Whatever happened to small-government Republicans? This is not the Republican party the way it used to be.
This gets me as much as the LGBT provisions. They're taking away (not "clarifying" as they state) the rights of municipalities to create their own minimum wages - so how does taking power from a small government and putting it in the hands of a larger one jive with Republican values?
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Old 04-06-2016, 12:35 PM
 
Location: Raleigh, NC
10,401 posts, read 19,428,634 times
Reputation: 11284
Quote:
Originally Posted by SunnyKayak View Post
HB2, didn't take anyone rights away, it clarified what has always been in the state constitution. Gays never had any rights in North Carolina.
Yes, it DID take away rights--the right to sue in state court if you are fired or denied housing because of being female, black, disabled, etc. Even though those classes are "protected", the bill SPECIFICALLY STATES that they cannot use state court to sue over a STATE protection law. That absolutely takes away rights.

From the very link you (I believe) posted:

Does HB2 affect rights of people who aren’t gay or transgender?

Yes. The law limits how people pursue claims of discrimination because of race, religion, color, national origin, biological sex or handicap in state courts. The law also means a city or county cannot set a minimum wage standard for private employers.


Actual text of bill:

"§ 143-422.13. Investigations; conciliations.
The Human Relations Commission in the Department of Administration shall have the authority to receive, investigate, and conciliate complaints of discrimination in public accommodations. Throughout this process, the Human Relations Commission shall use its good offices to effect an amicable resolution of the complaints of discrimination. 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 upon the public policy expressed herein."

(and, BTW, the budget for this "Human Relations Commission" is not funded for beyond 2016, at present).
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Old 04-06-2016, 12:37 PM
 
Location: Raleigh, NC
10,401 posts, read 19,428,634 times
Reputation: 11284
Quote:
Originally Posted by rnc2mbfl View Post
Does anyone have the actual language of the Charlotte ordinance additions that were approved in February? I can't seem to find it.
Here
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Old 04-06-2016, 01:06 PM
 
Location: The 12th State
22,974 posts, read 58,611,405 times
Reputation: 14926
Quote:
Originally Posted by Francois View Post
Yes, it DID take away rights--the right to sue in state court if you are fired or denied housing because of being female, black, disabled, etc. Even though those classes are "protected", the bill SPECIFICALLY STATES that they cannot use state court to sue over a STATE protection law. That absolutely takes away rights.

From the very link you (I believe) posted:

Does HB2 affect rights of people who aren’t gay or transgender?

Yes. The law limits how people pursue claims of discrimination because of race, religion, color, national origin, biological sex or handicap in state courts. The law also means a city or county cannot set a minimum wage standard for private employers.


Actual text of bill:

"§ 143-422.13. Investigations; conciliations.
The Human Relations Commission in the Department of Administration shall have the authority to receive, investigate, and conciliate complaints of discrimination in public accommodations. Throughout this process, the Human Relations Commission shall use its good offices to effect an amicable resolution of the complaints of discrimination. 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 upon the public policy expressed herein."

(and, BTW, the budget for this "Human Relations Commission" is not funded for beyond 2016, at present).
They can still sue federally even though more costly and the window of time to sue is small but they can sue base on those that are protected classes. Assuming amending they amend HB2, I can see this part being amended.

Quote:
Originally Posted by StAndroid View Post
This gets me as much as the LGBT provisions. They're taking away (not "clarifying" as they state) the rights of municipalities to create their own minimum wages - so how does taking power from a small government and putting it in the hands of a larger one jive with Republican values?
Quote:
Originally Posted by poppydog View Post
I said it makes it illegal for anyone to sue their employer under state law. As far as I know the state of North Carolina does not have the power to limit suits brought in Federal Court or I'm sure they would have tried to do that, too.

It's a horrible law with far-reaching implications including much broader LGBT issues than bathrooms and has potential impacts on every person in North Carolina regardless of their sexual orientation or gender identity and it will be struck down. The bathroom thing is a complete Trojan Horse.

The law prohibits local municipalities from establishing their own minimum wage, for example. It's just one more example of this terrible power-hungry legislature grabbing control from local authorities like they tried to do with Charlotte's airport and Asheville's water supply. Whatever happened to small-government Republicans? This is not the Republican party the way it used to be.
Since the 60's the NC Dept of Labor sets wages, breaks, hours, overtime other employer-employee standards. HB2 re-emphasised what was already in state law for decades.
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Old 04-06-2016, 01:50 PM
 
Location: South Beach and DT Raleigh
11,810 posts, read 18,810,735 times
Reputation: 11136
Quote:
Originally Posted by southbound_295 View Post
It's going to have to hit places besides Charlotte before the buffoons in Raleigh give a rat's patoot.
It's ironic that the buffoon from Charlotte signed the bill.
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Old 04-06-2016, 02:43 PM
 
Location: West Raleigh
1,037 posts, read 1,119,294 times
Reputation: 1237
Quote:
Originally Posted by SunnyKayak View Post
Since the 60's the NC Dept of Labor sets wages, breaks, hours, overtime other employer-employee standards. HB2 re-emphasised what was already in state law for decades.
True, but before this bill municipalities could pass ordinances to require a minimum wage OVER the state-mandated minimum but now they can't.

And if it's already "been in state law for decades" why did they feel the need to re-emphasize it in HB2 the bulk of which has nothing to do with minimum wages?
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Old 04-06-2016, 04:28 PM
 
Location: The 12th State
22,974 posts, read 58,611,405 times
Reputation: 14926
Quote:
Originally Posted by StAndroid View Post
True, but before this bill municipalities could pass ordinances to require a minimum wage OVER the state-mandated minimum but now they can't.

And if it's already "been in state law for decades" why did they feel the need to re-emphasize it in HB2 the bulk of which has nothing to do with minimum wages?
I lived here my entire life and never known the state to give up controls or guidelines set by NC Dept of Labor and ESC. If you believe that the state lets cities have their own labor guidelines that are above what the state feels free to share where it is stated as such.

Once again probably my 10th post in this thread stating A lot of HB2 is clarifying what was already in the state constitution I even shared links to back me up in the prior posts.
Prior to this bill municipalities must get approval of ordinances by the General Assembly
Quote:
North Carolina municipalities - cities, towns, and villages - operate under charters granted by the General Assembly and have powers and authorities granted to them by state statutes and the state constitution. In this state, municipalities do not have home rule, which means that the state legislature must grant the powers and authority to municipalities and authorize them to perform certain functions.
https://www.nclm.org/resource-center...ties-Work.aspx
Prior to this bill Gays can be fired or discriminated against in NC. Mike Easley signed same-sex couples hospital visitation rights in 2008
Prior to this bill, the 522 municipalities cannot create laws that overstep state laws. Its has been this way probably way before Terry Sanford was governor.

Added- birth gender occupants must match restroom designated gender. (No prior law only state mandated building codes a restroom for each gender)

Added- fight discrimination laws anywhere but the state.

I always ponder why people considered Pat McCrory as a moderate as he always been against LGBT, his early years he objected to Angels of America play which had gay characters, ten years later still serving Mayorship, he objected to Charlotte Pride in Marshall Park which was moved to private venue of Gateway Village the following and today it is a 2 day festival attracting 100,000.

I knew this day was coming regarding of some bill nonfriendly to LGBT but this bill is weak in what I visioned and didn't really change much for LGBT of the entire state.
I knew once A1 was defeated some kind of retaliation would take placed, stated so October of 2014
http://www.city-data.com/forum/37006626-post457.html
Compared to how the other states retaliated with their so called religious bills this bill is nothing for me to be concern about and I respect the way this state is structured.
I might loose my tiara and princess points but I am not falling for the 'create fears' to get voter trick.

True North Carolinians are resilient, the surplus governor saw last year may not materialize with all the backlash this year but hopefully, we all can enjoy the beauty and fun in this state.
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Old 04-06-2016, 04:46 PM
 
3,118 posts, read 4,150,461 times
Reputation: 2577
The feds are flexing to step up and step in to crush this bigoted backlash against progress.

Quote:
The federal agency that enforces anti-discrimination laws in workplaces told BuzzFeed News it “stands ready” to investigate complaints from transgender employees in North Carolina — where a new law bans transgender people from government building restrooms that match their gender identity.

That sort of restriction in workplaces is prohibited by federal law, said Chai Feldblum, one of five members of the Equal Employment Opportunity Commission (EEOC).

The agency held last year that banning a transgender employee from restrooms matching their gender in workplaces with 15 or more workers violates Title VII of the Civil Rights Act of 1964. Feldblum and another EEOC official told BuzzFeed News that federal law supersedes local and state laws.

http://www.buzzfeed.com/dominicholde...ort#.vjJBVPNb1
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Old 04-06-2016, 07:24 PM
 
570 posts, read 544,772 times
Reputation: 551
Quote:
Originally Posted by Clark Park View Post
On top of all the bad news for North Carolina as a result for passing a stupid bill meant to be a slap at gay folks ... Philly's own Villanova beat UNC!!!

Karma!
That's exactly what I was thinking after that game. I was pulling for the Tarheels all the way until the end, but then it happened, that last-second winning shot for Villanova. At first my heart sunk and I felt disappointed. Then a few seconds later I thought, "%#@ North Carolina and all the hateful-minded people that allowed that law to happen. It's just desserts and karma."
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