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SB 868 - Amends Anti-Discrimination Law to Include Sexual Orientation and Gender Identity - Virginia Key Vote

Stage Details

See How Your Politicians Voted
Vote Smart's Synopsis:

Vote to amend and pass a bill that amends anti-discrimination laws to include sexual orientation and gender identity.

Highlights:

 

  • Specifies that conduct that violates any Virginia or federal statute or regulation governing discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age status as a veteran, or national origins an unlawful discriminatory practice under this act (Sec. 1).

  • Authorizes any person claiming to be aggrieved by an unlawful discriminatory practice to file a complaint in writing under oath with the Division of Human Rights of the Department of Law (Sec. ). 

  • Prohibits a state agency, institution, board, bureau, commission, or council from discriminating in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical condition, age, marital status, disability, sexual orientation, gender identity, or status as a veteran (Sec. 1).

  • Defines “gender identity” as the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth (Sec. 1).

  • Defines “sexual orientation” as a person’s actual or perceived heterosexuality, bisexuality, or homosexuality (Sec. 1).

  • Specifies that it is an unlawful employment practice for (Sec. 1):

    • An employer or employment agency to: 

      • Fail or refuse to hire, discharge, or otherwise discriminate against an individual because of their protected status in regards to race, color, religion, sex, sexual orientation, gender identity, marital status pregnancy, childbirth or related medical conditions including lactation, age, status, as a veteran, or national origin; or

      • Limit, segregate, or classify employees in any way that would deprive any individual of employment opportunities or otherwise adversely affect an individual’s status as an employee because of their protected status; 

    • A labor organization to: 

      • Exclude or expel from membership or otherwise discriminate against, any individual because of their protected status; 

      • Limit, segregate, or classify its membership or applicants for membership, classify or fail to or refuse to refer for employment any individual, in any way that would deprive such individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect an individual’s status as an employee or as an applicant for employment, because of their protected status; or 

      • Cause or attempt to cause an employer to discriminate against an individual in violation of this act. 

  • Authorizes the Attorney General to commence a civil action for relief when they have reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this act (Sec. 1).

  • Authorizes the court to do the following in such a civil action (Sec. 1):

    • Award preventative relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this act, as necessary to ensure the full enjoyment of the rights granted in this act; 

    • Assess a civil penalty against the respondent in an amount up to $50,000 for a first violation and up to $100,000 for any subsequent violation; and

    • Award a prevailing plaintiff reasonable attorney fees and costs. 

  • Specifies that is will be an unlawful discriminatory practice for any person, including the owner, lessee, proprietor, manager, agent, or employee of any place of public accommodation to refuse, withhold from, or deny an individual any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation (Sec. 1).

  • Specifies that it will be an unlawful discriminatory housing practice for any person to refuse to sell or rent a dwelling to a person because of their sexual orientation, gender identity, or status as a veteran (Sec. 1).

  • Authorizes an aggrieved person who has been provided of their right to file a civil action to take a timely civil action in the appropriate court having jurisdiction over the person who allegedly unlawfully discriminated against such person in violation of this act (Sec. 1).

See How Your Politicians Voted

Title: Amends Anti-Discrimination Law to Include Sexual Orientation and Gender Identity

Vote Smart's Synopsis:

Vote to pass a bill that amends anti-discrimination laws to include sexual orientation and gender identity.

Highlights:

 

  • Prohibits a state agency, institution, board, bureau, commission, or council from discriminating in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical condition, age, marital status, disability, sexual orientation, gender identity, or status as a veteran (Sec. 1).

  • Defines “gender identity” as the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth (Sec. 1).

  • Defines “sexual orientation” as a person’s actual or perceived heterosexuality, bisexuality, or homosexuality (Sec. 1).

  • Specifies that it is an unlawful employment practice for (Sec. 1):

    • An employer or employment agency to: 

      • Fail or refuse to hire, discharge, or otherwise discriminate against an individual because of their protected status in regards to race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, status, as a veteran, or national origin; or

      • Limit, segregate, or classify employees in any way that would deprive any individual of employment opportunities or otherwise adversely affect an individual’s status as an employee because of their protected status; 

    • A labor organization to: 

      • Exclude or expel from membership or otherwise discriminate against, any individual because of their protected status; 

      • Limit, segregate, or classify its membership or applicants for membership, classify or fail to or refuse to refer for employment any individual, in any way that would deprive such individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect an individual’s status as an employee or as an applicant for employment, because of their protected status; or 

      • Cause or attempt to cause an employer to discriminate against an individual in violation of this act. 

  • Authorizes the Attorney General to take civil action for relief when they have reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this act (Sec. 1).

  • Authorizes the court to do the following in such a civil action (Sec. 1):

    • Award preventative relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this act, as necessary to ensure the full enjoyment of the rights granted in this act; 

    • Assess a civil penalty against the respondent in an amount up to $50,000 for a first violation and up to $100,000 for any subsequent violation; and

    • Award a prevailing plaintiff reasonable attorney fees and costs. 

  • Specifies that it will be an unlawful discriminatory practice for any person, including the owner, lessee, proprietor, manager, agent, or employee of any place of public accommodation to refuse, withhold from, or deny an individual any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation (Sec. 1).

  • Specifies that it will be an unlawful discriminatory housing practice for any person to refuse to sell or rent a dwelling to a person because of their sexual orientation, gender identity, or status as a veteran (Sec. 1).

  • Authorizes an aggrieved person to take civil action in an appropriate court over the person who allegedly unlawfully discriminated against such person in violation of this act (Sec. 1). 

  • Requires any such action be brought within 300 days from the date of the unlawful discrimination or if the employee has filed a complaint with the Division of Human Rights of the Department of Law, or a local human rights agency within 300 days of the unlawful discrimination, such action must be brought within 90 days from the date that the Division or a local human rights agency has rendered a final deposition on the complaint (Sec. 1).

Title: Amends Anti-Discrimination Law to Include Sexual Orientation and Gender Identity

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