Virginia poised to be first in South to enact LGBTQ protections

While the U.S. Supreme Court is still considering whether Title VII applies to lesbian, gay, bisexual, and transgender employees across the nation, the Virginia Legislature has moved forward to provide legal protections under state law for this group of Virginians. By doing so, Virginia will become the first state in the South to enact comprehensive antidiscrimination legislation protecting LGBTQ individuals.

The Virginia Values Act would prohibit discrimination based on sexual orientation and gender identity in housing, employment, credit transactions, and public accommodations. The legislation also prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, and status as a veteran—some of which already find protection under existing state law.

Who is affected?

The Act affects private employers with six or more employees. All state and local government employees and school board employees also will be covered under the law. In addition to prohibiting LGBTQ discrimination, the Act will allow individuals to pursue lawsuits over alleged discrimination. Any entities "engaged in a pattern or practice of resistance" to the rights guaranteed by the new law will be subject to suit by the Virginia Attorney General's Office as well.