On Wednesday, the Department of Justice sent a heavy-handed letter to North Carolina governor Pat McCroy informing him that H.B. 2 (i.e., the notorious “bathroom bill”) violates Title VII of the Civil Rights Act of 1964, specifically its prohibition on sex discrimination. The letter stated that “[f]ederal courts … have applied Title VII to discrimination against transgender individuals based on sex, including gender identity.” Supporting this claim, the Justice Department cited five cases, including two from the same court, one from the Equal Employment Opportunity Commission, and none from the federal courts having jurisdiction over North Carolina.

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