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2014 Session

Budget Amendments - HB30 (Floor Request)

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Chief Patron: Surovell
Language Clarifying Prohibition Against Discrimination (language only)

Item 0 #1h

Item 0 #1h

Positions and Employment
ANTI-DISCRIMINATION POLICY APPLICABLE TO STATE EMPLOYEES

Language
Page 495, after line 21 insert:
"§ 4-6.07 ANTI-DISCRIMINATION POLICY APPLICABLE TO STATE EMPLOYEES
a.1. No state agency, institution, board, bureau, commission, council, or instrumentality of the Commonwealth shall discriminate in employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, gender identity and expression, or status as a special disabled veteran or other veteran covered by the Veterans Readjustment Assistance Act of 1974, as amended (38 U.S.C. § 4212).  No state agency, institution, board, bureau, commission, council, or instrumentality of the Commonwealth shall discriminate in employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, gender identity, or status as a special disabled veteran or other veteran covered by the Veterans Readjustment Assistance Act of 1974, as amended (38 U.S.C. § 4212).
2. For the purposes of this section: "Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, or homosexuality and"Gender identity" means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.
b. Notwithstanding any other provision of law, any employee of the Commonwealth, including employees of public institutions of higher education, who has been subjected to discriminatory treatment in hiring, promotion, compensation, treatment, discipline or termination in violation of the Virginia Human Rights Act, § 2.2-3900, et seq., Article 1, Section 11 of the Virginia Constitution or the Equal Protection Clause of the Constitution of the United States, shall have the right to bring a grievance and be protected from retaliation for doing so as provided in the Code of Virginia, § 2.2-3000, et seq. and to seek and obtain any of the remedies permitted pursuant to § 2.2-3005.1A. The Department of Human Resources Management shall ensure that all state employees are aware of the right to bring a grievance and to be protected from retaliation as provided herein."


Explanation
(This amendment is self explanatory.)