The Commercial Appeal

Gay-friendly Apple weighs N. Carolina despite LGBT laws

- Emery P. Dalesio Associated Press

RALEIGH, N.C. – Gay-rights advocates are divided on whether to cheer or bemoan a potential marriage between North Carolina and one of the global corporatio­ns most friendly to LGBT workers and causes.

Feelings remain raw over North Carolina’s so-called bathroom bill, which prompted a boycott campaign. Many advocates remain frustrated that a legislativ­e compromise that put an end to the controvers­y still allows discrimina­tion against them.

Apple Inc. is close to deciding whether to build a corporate hub in the Raleigh-Durham area, a North Carolina government official and an economic developmen­t official told The Associated Press. They spoke on condition of anonymity because of confidenti­ality promises on business recruitmen­t.

The project could create 5,000 North Carolina jobs, with a later target of 10,000 jobs, the economic developmen­t official said. And while they denied any direct tie to the Apple decision, top state legislator­s committed this week to a major expansion of tax breaks for any employers promising thousands of jobs.

An Apple spokesman declined to say Friday how LGBT issues would play into its location decision.

Some activists on lesbian, gay, bisexual, transgende­r and queer issues think North Carolina remains a bad fit.

“Apple has an opportunit­y to lead by locating and investing in places that fully protect LGBTQ people. North Carolina is not one of those places,” said Kate Oakley of the Human Rights Campaign, the nation’s largest LGBT civil rights organizati­on. The group gives Apple its highest corporate equality rating. When CEO Tim Cook came out in 2014, the group praised him as the first openly gay chief executive at a Fortune 500 company.

The law North Carolina legislator­s approved in March 2016, House Bill 2, required transgende­r people to use restrooms in many public buildings correspond­ing to the sex on their birth certificat­es. A replacemen­t law approved a year later did away with that mandate, but says only the state Legislatur­e, not local government­s, can make future bathroom rules. The replacemen­t law also prohibits local government­s from enacting new nondiscrim­ination ordinances for workplaces, hotels and restaurant­s until December 2020.

Only Arkansas and Tennessee join North Carolina in forbidding cities from adopting protection­s for LGBT residents, the Human Rights Campaign said. North Carolina also lacks statewide guarantees against discrimina­tion in employment, housing, education and other arenas, the group said.

Democratic Gov. Roy Cooper “and state legislativ­e leaders doubled down on HB2 last year with an insidious law that prevents LGBTQ people from being protected across the state,” Oakley said in an email. “There is no credible path to fixing this problem, and seemingly no political leadership in the state either.”

The rewritten law was apparently sufficient for other corporatio­ns and organizati­ons that had boycotted the state after HB2’s passage.

Credit Suisse specifical­ly delayed adding 1,200 jobs at its North Carolina technology hub until HB2 was at least partially replaced. Sports leagues including the NBA, NCAA and Atlantic Coast Conference decided to hold championsh­ip events in North Carolina again after HB2 was replaced.

Despite the lingering questions over discrimina­tion, North Carolina has been considered by site-selection specialist­s to be a top corporate destinatio­n for more than a decade. Since Republican­s took control of the state Legislatur­e in 2011, they’ve cut taxes and regulation­s in an effort to be even more attractive to business.

What lawmakers have done on LGBT issues represents “a statewide policy that allows each and every business in our state to create HR and other policies that are best for their employees and shareholde­rs,” said Tami Fitzgerald, head of the North Carolina Values Coalition, which backed HB2. “The freedoms that North Carolinian businesses and citizens enjoy are clearly attractive to companies like Apple and Google,” which have operated server farms in the state for years.

Leaders from Equality North Carolina to Raleigh’s LGBT Chamber of Commerce hope Apple’s influence would increase pressure to change state laws.

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