Workplace Discrimination

Discrimination

Workplace Discrimination

Workplace Discrimination Every Virginian should have the right to a workplace free from discrimination and committed to equality of opportunity without regard to sexual orientation or gender identity.

Virginia should prohibit workplace discrimination on the basis of sexual orientation and gender identity by strengthening Virginia's workplace nondiscrimination laws, including the list of protected classes in the Virginia Human Rights Act, Code of Virginia § 2.2-3900, and in the statutes governing state and local employment. It should also authorize local governments to include sexual orientation and gender identity in local human rights ordinances.

Background

The right to employment free from discrimination is a basic human and civil right.

The late Coretta Scott King spoke eloquently on this point:

“We have a lot more work to do in our common struggle against bigotry and discrimination. I say 'common struggle' because I believe very strongly that all forms of bigotry and discrimination are equally wrong and should be opposed by right-thinking Americans everywhere. Freedom from discrimination based on sexual orientation is surely a fundamental human right in any great democracy, as much as freedom from racial, religious, gender, or ethnic discrimination.” - Coretta Scott King, remarks, Opening Plenary Session, 13th annual Creating Change conference of the National Gay and Lesbian Task Force, Atlanta, Georgia, November 9, 2000.

It is a fundamental American and Virginian value that people who do their jobs, pay their taxes and contribute to their communities should not be singled out for unfair workplace discrimination.

Even the late Reverend Jerry Falwell agreed:

"Civil rights for all Americans, black, white, red, yellow, the rich, poor, young, old, gay, straight, et cetera, is not a liberal or conservative value. It's an American value that I would think that we pretty much all agree on." - Jerry Falwell, August 5, 2005, MSNBC Interview with Tucker Carlson

Inclusive non-discrimination policies make good business sense. Over two-thirds of the nation's Fortune 500 companies have nondiscrimination policies that include sexual orientation, including nine of the top 10 (only Exxon-Mobil does not). 125 fortune 500 companies (one quarter) have protections that include gender identity.

Eight of Virginia’s top ten employers include sexual orientation in their employment policies, as well as many of the state’s leading universities.

Twenty states and the District of Columbia now have laws and ordinances that ban discrimination by all employers (public and private) based on sexual orientation. Twelve states and the District of Columbia include gender identity in their laws.

Eleven other states protect public employees with executive orders or statutes. Among these are Maryland and the City of Washington, D.C. with which Northern Virginia businesses must compete for employees.

Such nondiscrimination laws now cover almost half of the United States population.

Virginians agree that GLBT individuals should have the right to be free from discrimination in the workplace. In two polls conducted by a respected bi-partisan polling team, Virginians, regardless of geography or political party, overwhelmingly supported this important value. 87% of Virginians agree that gay men and lesbians have a right to be protected from workplace discrimination, and 90% said gay and lesbian Virginians should have the right to work for the government.

Many of Virginia’s elected officials have pledged not to discriminate in their workplaces based on sexual orientation or gender identity. The list includes U.S. Senators John Warner and Jim Webb, along with Governor Tim Kaine and nearly 60 Senators and Delegates.

Virginia Law

In Virginia, there is no state-wide law to protect people from discrimination on the basis of their real or perceived sexual orientation in the private or public workplace.

A person can legally be fired or refused employment by any private employer in Virginia (large or small) on the basis of that person's real or perceived sexual orientation or gender identity/expression. This means that a person can be fired because someone thinks that they are gay or lesbian or because they are not masculine or feminine enough in dress or demeanor.

Employees of state and local government are also vulnerable to adverse employment action based on sexual orientation or gender identity.

Governor Mark Warner and Governor Tim Kaine took the first steps to correct this injustice by including sexual orientation in Executive Orders that establish the Commonwealth’s policy against workplace discrimination based on sexual orientation in state employment. Executive Orders are not, however, permanent, lasting only as long as a governor chooses to make nondiscrimination the state’s policy, and the Attorney General has issued an opinion casting doubt on the validity of Warner’s and Kaine’s actions.

This means that, despite the existence of the Executive Order, state employees do not have meaningful protection against workplace discrimination based on sexual orientation or identity. Furthermore, even if it were upheld, the Executive Order offers no protection to the employees of state or local elected officials and agencies.

Until the legislature acts to codify the protection against workplace discrimination based on sexual orientation, no Virginia employee has the assurance of equal opportunity in the workplace.

Tools to Use

Tell It! Help us make a record of the discrimination that is occurring in Virginia workplaces. Tell your experiences with workplace discrimination through Equality Virginia’s Tell It campaign.
Ask your town or city council or your county board of supervisors to pass a resolution in favor of a statewide law prohibiting discrimination in the workplace. Write us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information.
As the faculty senate, staff senate, president and board of visitors of your college or university to pass a resolution in favor of a statewide law prohibiting discrimination in the workplace. Write us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information.
Meet with your members of the Virginia legislature and ask them to sign the pledge that they will not discriminate in their offices based on sexual orientation or gender identity and expression.
Help get sexual orientation or gender identity in you schools non-discrimination policy. Visit http://www.gpac.org/ for more information.

Resources

Opinion of the Attorney General on the legality of the Governor’s Executive Order
Employment Laws on Sexual Orientation and Gender Identity, HRC Workplace Project
Corporate Equality Index, HRC
Out at Work: A Toolkit for Workplace Equality, Lambda Legal
Resolution on Civil Rights for Gay Men and Lesbians, AFSCME

Employers and Universities with Nondiscrimination Policies

Top Ten Largest Private Employers

Of the top ten largest private employers in the Commonwealth, at least eight have sexual orientation protections in their non-discrimination policies: