North Carolina seems to be finding more and more hostility from all corners since it passed the controversial “bathroom bill”, more formally known as the Public Facilities Privacy and Security Act (HB-2). We talked about the bill when it was signed by Governor Pat McCrory back on March 23, because it included a state pre-emption on local governments establishing minimum wages that differ from the state minimum. In an effort a few weeks ago to ward off some of that hostility, McCrory signed Executive Order 93 restating many of the anti-discrimination protections HB-2 was perceived to have terminated and providing new protections in other areas. Notwithstanding, this week the Equal Employment Opportunity Commission (EEOC) joined the fracas by releasing a new LGBT fact sheet that provides employers with guidance on the anti-discrimination provisions of the Civil Rights Act of 1964 and how the EEOC perceives and will enforce it. A day or two after the EEOC weighed in, the Department of Justice turned the screws on the Tar Heel state in a letter to the Governor advising that HB-2 violates the Civil Rights Act and giving the state until Monday to confirm that it “will not comply with or implement HB2”. Although none of the controversy surrounding HB2 has stemmed from the local wage pre-emption, with all of the uncertainty over the law, it remains to be seen whether the pre-emption will ever be in force at all.