State of Texas, et al. v. United States of America, et al.

Filing 1

COMPLAINT against Vanita Gupta, John B. King, Loretta E Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R. Yang filed by State of Utah, Heber-Overgaard Unified School District (AZ), Harrold Independent School District (TX), State of Texas, State of West Virginia, Arizona Department of Education, State of Alabama, State of Oklahoma, State of Georgia, Paul LePage, State of Wisconsin, State of Louisiana, State of Tennessee. (Filing fee $400; Receipt number 0539-7604002) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Additional Page(s)) (Nimocks, Austin)

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PAT McCRORY
GOVERNOR

April 12, 2016
EXECUTIVE ORDER NO. 93
TO PROTECT PRIVACY AND EQUALITY
WHEREAS, North Carolina's rich legacy of inclusiveness, diversity and hospitality makes
North Carolina a global destination for jobs, business, tourists and talent;
WHEREAS, it is the policy of the Executive Branch that government services be provided
equally to all people;
WHEREAS, N.C. Gen. Stat.§ 160A-499.2 permits municipalities to adopt ordinances
prohibiting discrimination in housing and real estate transactions, and any municipality may
expand such ordinance consistent with the federal Fair Housing Act;
WHEREAS, N.C. Gen. Stat.§ 143-422.2(c) permits local governments or other political
subdivisions of the State to set their own employment policies applicable to their own personnel;
WHEREAS, North Carolina law allows private businesses and nonprofit employers to establish
their own non-discrimination employment policies;
WHEREAS, N.C. Gen. Stat.§ 143-128.2 requires each city, county or other local public entity
to adopt goals for participation by minority businesses and to make good faith efforts to recruit
minority participation in line with those goals;
WHEREAS, North Carolina law allows a private business or nonprofit to set their own
restroom, locker room or shower policies;
WHEREAS, our citizens have basic common-sense expectations of privacy in our restrooms,
locker rooms and shower facilities for children, women and men;
WHEREAS, to protect expectations of privacy in restrooms, locker rooms and shower facilities
in public buildings, including our schools, the State of North Carolina maintains these facilities
on the basis of biological sex;
WHEREAS, State agencies and local governments are allowed to make reasonable
accommodations in restrooms, locker rooms and shower facilities due to special individual
circumstances;
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution
and laws of the State of North Carolina, IT IS ORDERED:

EXHIBIT G

Section 1. Public Services
In the provision of government services and in the administration of programs, including, but not
limited to public safety, health and welfare, public agencies shall serve all people equally,
consistent with the mission and requirements of the service or program.

Section 2. Equal Employment Opportunity Policy for State Employees
I hereby affirm that the State of North Carolina is committed to administering and implementing
all State human resources policies, practices and programs fairly and equitably, without unlawful
discrimination, harassment or retaliation on the basis of race, religion, color, national origin, sex,
sexual orientation, gender identity, age, political affiliation, genetic information, or disability.
I also affirm that private businesses, nonprofit employers and local governments may establish
their own non-discrimination employment policies.
Section 3. Restroom Accommodations
In North Carolina, private businesses can set their own rules for their own restroom, locker room
and shower facilities, free from government interference.

Under current law, every multiple occupancy restroom, locker room or shower facility located in
a cabinet agency must be designated for and only used by persons based on their biological sex.
Agencies may make reasonable accommodations upon a person's request due to special
circumstances.
Therefore, when readily available and when practicable in the best judgment of the agency, all
cabinet agencies shall provide a reasonable accommodation of a single occupancy restroom,
locker room or shower facility upon request due to special circumstances.
All council of state agencies, cities, counties, the University of North Carolina System and the
North Carolina Community College System are invited and encouraged to make a similar
accommodation when practicable.
Section 4. State Buildings and Facilities Leased to Private Entities
The Department of Administration shall interpret the application of N.C. Gen. Stat.§ 143-760 as
follows:
When a private entity leases State real property and the property in the lessee's exclusive
possession includes multiple occupancy restrooms, locker rooms or other like facilities,
the private entity will control the signage and use of these facilities.
All council of state agencies, cities, counties, the University of North Carolina System and the
North Carolina Community College System are invited and encouraged to adopt a similar
interpretation of N.C. Gen. Stat. § 143-760.
Section 5. Human Relations Commission
Pursuant to N.C. Gen. Stat.§ 143B-391, the Human Relations Commission in the Department of
Administration shall promote equality and opportunity for all citizens.
The Human Relations Commission shall work with local government officials to study problems
and promote understanding, respect and goodwill among all citizens in all communities in North
Carolina.
The Human Relations Commission shall receive, investigate and conciliate fair housing,
employment discrimination and public accommodations complaints.
The Human Relations Commission shall submit an annual report by April 1st to the Governor
detailing the number of complaints received, the number of investigations completed, and the
number of conciliations in the preceding calendar year. This report shall also describe any
education and outreach efforts made by the Commission in that same calendar year.

Section 6. State Cause of Action for Wrongful Discharge
I support and encourage the General Assembly to take all necessary steps to restore a State cause
of action for wrongful discharge based on unlawful employment discrimination.
Section 7. State or Federal Law
Nothing in this section shall be interpreted as an abrogation of any requirements otherwise
imposed by applicable federal or state laws or regulations.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the
State of North Carolina at the Capitol in the City of Raleigh, this twelfth day of April in the year
of our Lord two thousand and sixteen.

Governor

ATTEST:

~.l{j Secretary of State

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