McDonnell edict: Don't discriminate against gay workers

RICHMOND

Gov. Bob McDonnell has forcefully ordered state agencies not to discriminate against gay and lesbian workers during the hiring process or in the workplace, but he opted not to push legislation that would produce a similar effect.

His directive Wednesday comes in response to controversy ignited by a letter that Attorney General Ken Cuccinelli sent to Virginia college and university officials telling them they lack the legal authority to adopt employment policies with sexual-orientation protections.

While McDonnell's missive takes a strong stand against discrimination, it doesn't carry the weight of law as an executive order does.

"It was very important for me... to say discrimination will not be tolerated, and there will be sanctions for anyone that engages in discrimination," McDonnell told reporters Wednesday afternoon.

The governor said the directive was necessary because of the stir caused by Cuccinelli's letter, which led people to fear the loss of "their fundamental rights" or that they'd "be relegated to second-class citizens."

For gay rights advocates who want a state law change, not a new policy, the governor's words were not enough.

In a statement, Equality Virginia chief executive Jon Blair praised McDonnell's action but said "there is much work still to be done."

The directive "is silent regarding discrimination based on gender identity, and does not afford any protections at our state colleges and universities," Blair said.

McDonnell said his directive covers all 103,000 state employees and all Virginia agencies, including higher-education institutions.

Responding to a question, the governor said he doesn't think the directive puts him at odds with the legal opinion in Cuccinelli's letter that colleges and universities are prohibited from adopting policies against discrimination based on sexual orientation, gender identity or gender expression.

The attorney general issued a brief statement after McDonnell's announcement. It said, in part, "I expect Virginia's state employees to follow all state and federal anti-discrimination laws and will enforce Virginia's laws to the fullest extent."

Cuccinelli's opinion has been met with varying reactions at state schools.

Ernst Volgenau, the rector at Northern Virginia's George Mason University, recently sent a letter to school officials that encouraged a "continued focus on diversity and mutual respect that has become our hallmark."

Old Dominion University's hiring and campus policies state that discrimination based on "sexual preference" is prohibited. The university has taken no action since receiving Cuccinelli's letter, according to a spokeswoman, who said university leaders are reviewing it.

McDonnell's Democratic predecessors, former Govs. Mark Warner and Timothy M. Kaine, included sexual orientation as a protected category in their anti-discrimination executive orders.

McDonnell has said it is up to the General Assembly to change state law regarding workplace discrimination; he and then- Gov. Kaine clashed over that point in 2006 when McDonnell was the new attorney general.

Efforts to add sexual orientation protections to state law have been rejected by the Republican-controlled House this year.

Such a change effectively would establish an avenue for individuals who feel they've been discriminated against based on their sexual identity to pursue a grievance against the state.

Pilot writer Bill Bartel contributed to this report.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com