Thursday, March 11, 2010

Virginia Governor Backs Equal Employment Opportunity for LGBT

Less than a week after Virgina's attorney general told public colleges in the state that they may not ban discrimination based on sexual orientation, gender identity or gender expression (see prior posting), Virgina Governor Robert McDonnell has taken a somewhat different view. He issued Executive Directive 1 (2010) prohibiting employment discrimination by cabinet members or executive branch agencies. It reads in part:
The Equal Protection Clause of the United States Constitution prohibits discrimination without a rational basis against any class of persons. Discrimination based on factors such as one’s sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution. Therefore, discrimination against enumerated classes of persons set forth in the Virginia Human Rights Act or discrimination against any class of persons without a rational basis is prohibited.
The Culpepper (VA) Star Exponent reports on developments. The Directive expands on an earlier equal opportunity memo signed by McDonnell that did not explicitly mention sexual orientation. (See prior posting.) [Thanks to Scott Mange for the lead.]