Bill for sexual-orientation job protection dies in Virginia House

Posted to: News State Government Virginia

RICHMOND

Virginia has reversed an eight-year policy of nondiscrimination on the basis of sexual orientation in public employment.

Former Govs. Mark Warner and Timothy M. Kaine, both Democrats, proclaimed the policy by executive order. Gov. Bob McDonnell, a Republican who took office in January, has declined to do so.

A final attempt to restore the policy with legislation was rejected Tuesday by a House of Delegates subcommittee on a 5-3 party-line vote, Democrats in favor and Republicans opposed.

The panel killed state Sen. Donald McEachin's bill, SB66, after hearing from 11 supporters - including two state employees - and two opponents.

"Many of us try to stay under the radar in order not to draw attention to ourselves," said Dorothy Fillmore, a faculty member at Virginia Commonwealth University. "I am sometimes hesitant and fearful, because as a state employee I know there is no message from the top down that discrimination is unacceptable."

McEachin, a Richmond Democrat, expressed disappointment that McDonnell took no position on the measure.

 

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Unfortunately,

Virginia operates under the "at will" premise that any employer can fire any employee at will. As long as that philosophy stands, people need every bit of protection they can get. Deliberately changing an antidiscrimination statute in this manner indicates a willingness to accept the firing of the gay or suspected gay employee, and the employee has no recourse.

You are so far from the truth.

Where on earth do you get the idea that "Virginia operates under the "at will" premise that any employer can fire any employee at will."?
You couldn't be more wrong even if you tried. No employer can fire "at will". Do you know how much documentation has to go into justifying firing someone "for cause"? You have absolutely no idea what you are talking about. Labor laws are very specific that no employer can fire an employee "at will". You need to wake up Rip Van Winkle. It's 2010, not 1910.

I'm awake, and RIP ain't exactly wrong and you

are not 100% correct either. There are jobs in VA. where you basically have no recourse if fired. When you work for a VA Sheriff's Office you work "at the pleasure of the Sheriff". You will need to sign an agreement that you are aware of the possibility of this happening before starting your employment. When a new Sheriff is elected he is not required to keep anyone in any specific department or rank. At reelection time all that needs to happen is for you to not get "invited" to get re-sworn in and you will be unemployed. This I know as a fact, however I believe that any elected State employee works under the same standards. You might just want to get all your facts straight too. I'm almost willing to bet that this was practiced in 1910 as well as still in 2010.

Okay, I concede that in that

Okay, I concede that in that particular case you are correct. However, the original poster claims that “Virginia operates under the "at will" premise that any employer can fire any employee at will.” That is the point I was addressing. Any elected official will remove people from the previous administration when they take office. That is their prerogative. However, if they fire someone just because of that person’s sexual orientation, gender, race, religion, or creed, that employer, whether elected or not, will find themselves neck deep in litigation for a wrongful termination suit. Labor laws have radically changed since 1910. Child labor laws didn’t come into effect until 1916. Discrimination laws came into effect starting in 1964. This is 2010 and the laws against discrimination in the work place are comprehensive. Does it still happen? I would be extremely naïve if I said no. But the laws are there to address every issue for EVERYONE. And ANYONE who feels they have been discriminated against (even left-handed people) has the right and the opportunity for legal recourse. That is my point.

I like the way some

of you here decried the Marsh move inthe Senate to kill bills in a subcommittee but then laud the same move in the House. This bill was decided by 8 members of the House, not the whole house, or even a full committee. Do you think that's right?

by and by

Again people straddle the river of human experience and yell, "No!" at the onrush. They provide no leadership, but they will eventually follow along at the tail end of the flow. They always do.

Anti-discrimination laws for left-handed people

I feel discriminated and feel there should be a law protecting left-handed people in the workplace. Every piece of equipment and utinsil in my work place was designed by and for right-handed people. So I think it is only fair that laws should be passed for the left-handed group since we can't help being left-handed. We demand more acceptance and diversity in the workplace that is inclusive of left-handed people.

hmmmm...

You are trying to trivialize something much greater than handedness.
No one is going to fire you or rape you or drag you behind a truck for being left handed. At least not yet.
If the laws, as they stand, protected everyone then the ability to amend
and change them wouldn't be necessary.
I don't agree with some other peoples beliefs or choices but I believe
their choices are their own and they have the right to have them as I do.

Thank you for saying that

Unless you are Gay you have no idea the abuse that can be heaped upon you by mainstream society. It takes a lot of energy to protect & hide yourself from the onslaught of harassment that people will dish out because of your orientation. This article doesn't surprise me considering our Christian governor at the helm. He is a Christian you know, like "love one another as Jesus does." Hypocrisy at its worse.

The point is that there are

The point is that there are already laws that address the issue of being fired because of discrimination for EVERYONE. There are already laws that addresses the issues of rape or murder for EVERONE. What makes you so special that if you are raped or murdered because of sexual orientation you get special treatment over the woman who is raped or the left-handed person is murdered?
The "anti-discrimination" laws you want are in fact discriminatory. But you don't want to hear that because it is common sense and it goes against your agenda.

Yes, I am trivializing something that really isn't any greater than any other human being. Laws are NOT protection. They are after-the-fact courses of action. If laws actually protected us then there would not be one murder or rape...ever.

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