Discrimination; prohibited in public accommodations, etc., causes of action. (HB1663)
Introduced By
Del. Mark Sickles (D-Alexandria) with support from co-patrons Del. Kaye Kory (D-Falls Church), Del. Mark Levine (D-Alexandria), and Del. Sam Rasoul (D-Roanoke)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Prohibited discrimination; public accommodations, employment, credit, and housing: causes of action; sexual orientation and gender identity. Creates explicit causes of action for unlawful discrimination in public accommodations and employment in the Virginia Human Rights Act. Currently, under the Act there is no cause of action for discrimination in public accommodations, and the only causes of action for discrimination in employment are for (i) unlawful discharge on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, including lactation, by employers employing more than five but fewer than 15 persons and (ii) unlawful discharge on the basis of age by employers employing more than five but fewer than 20 persons. The bill allows the causes of action to be pursued privately by the aggrieved person or, in certain circumstances, by the Attorney General. The bill prohibits discrimination in public and private employment on the basis of sexual orientation and gender identity. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran. Additionally, the bill (a) prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran; (b) prohibits discrimination in credit on the basis of sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, disability, and status as a veteran; and (c) adds discrimination on the basis of an individual's sexual orientation, gender identity, or status as a veteran as an unlawful housing practice. The bill makes technical amendments. This bill incorporates HB 3, HB 21, HB 23, HB 217, HB 1050, HB 1200, and HB 1512. Read the Bill »
Status
03/12/2020: failed house
History
Date | Action |
---|---|
01/17/2020 | Committee |
01/17/2020 | Presented and ordered printed 20105607D |
01/17/2020 | Referred to Committee on General Laws |
01/22/2020 | Assigned GL sub: Housing/Consumer Protection |
01/23/2020 | Impact statement from DPB (HB1663) |
01/23/2020 | House subcommittee amendments and substitutes offered |
01/23/2020 | Subcommittee recommends reporting with substitute (5-Y 1-N) |
01/28/2020 | Incorporates HB1512(McQuinn) |
01/28/2020 | House subcommittee amendments and substitutes offered |
01/28/2020 | Committee substitute printed 20106635D-H1 |
01/28/2020 | Incorporates HB217 (Convirs-Fowler) |
01/28/2020 | Incorporates HB1050 (Levine) |
01/28/2020 | Incorporates HB21 (Lindsey) |
01/28/2020 | Incorporates HB23 (Lindsey) |
01/28/2020 | Incorporates HB3 (McQuinn) |
01/28/2020 | Incorporates HB1512 (McQuinn) |
01/28/2020 | Incorporates HB1200 (Tran) |
01/28/2020 | Reported from General Laws with substitute (16-Y 6-N) (see vote tally) |
01/28/2020 | Referred to Committee on Appropriations |
01/29/2020 | Assigned App. sub: Compensation & General Government |
01/31/2020 | Subcommittee recommends reporting (4-Y 3-N) |
01/31/2020 | Impact statement from DPB (HB1663H1) |
01/31/2020 | Reported from Appropriations (14-Y 8-N) (see vote tally) |
02/04/2020 | Read first time |
02/05/2020 | Read second time |
02/05/2020 | Committee substitute agreed to 20106635D-H1 |
02/05/2020 | Engrossed by House - committee substitute HB1663H1 |
02/06/2020 | Passed by temporarily |
02/06/2020 | Pending question ordered |
02/06/2020 | Read third time and passed House (59-Y 35-N) |
02/06/2020 | VOTE: Passage (59-Y 35-N) (see vote tally) |
02/07/2020 | Constitutional reading dispensed |
02/07/2020 | Referred to Committee on General Laws and Technology |
02/27/2020 | Reported from General Laws and Technology with substitute (9-Y 2-N) (see vote tally) |
02/27/2020 | Committee substitute printed 20109133D-S1 |
02/27/2020 | Rereferred to Finance and Appropriations |
03/02/2020 | Reported from Finance and Appropriations (14-Y 1-N) (see vote tally) |
03/04/2020 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
03/04/2020 | Impact statement from DPB (HB1663S1) |
03/05/2020 | Read third time |
03/05/2020 | Reading of substitute waived |
03/05/2020 | Committee substitute agreed to 20109133D-S1 |
03/05/2020 | Reading of amendments waived |
03/05/2020 | Passed by temporarily |
03/05/2020 | Amendments by Senator Stuart withdrawn |
03/05/2020 | Reading of amendment waived |
03/05/2020 | Amendment #1 by Senator Petersen withdrawn |
03/05/2020 | Amendment by Senator Newman withdrawn |
03/05/2020 | Amendment #2 by Senator Petersen agreed to |
03/05/2020 | Engrossed by Senate - committee substitute with amendment HB1663S1 |
03/05/2020 | Passed Senate with substitute with amendment (26-Y 14-N) (see vote tally) |
03/05/2020 | Pending question ordered |
03/05/2020 | Senate substitute with amendment rejected by House 20109133D-S1 (7-Y 90-N) |
03/05/2020 | VOTE: REJECTED (7-Y 90-N) (see vote tally) |
03/05/2020 | Senate insisted on substitute with amendment (27-Y 12-N 1-A) (see vote tally) |
03/05/2020 | Senate requested conference committee |
03/05/2020 | Motion to reconsider insist on substitute with amendment agreed to (40-Y 0-N) (see vote tally) |
03/05/2020 | Senate insisted on substitute with amendment (26-Y 14-N) (see vote tally) |
03/05/2020 | House acceded to request |
03/05/2020 | Conferees appointed by House |
03/05/2020 | Delegates: Sickles, McQuinn, Coyner |
03/05/2020 | Conferees appointed by Senate |
03/05/2020 | Senators: Ebbin, Boysko, Vogel |
03/12/2020 | No further action taken |
03/12/2020 | Failed to pass in House |
Comments
This bill would be very expensive to employers in in discrimination cases of all kinds. It is being falsely depicted by sme as "the" LGBT antidiscrimination bill, when in fact, there are other bills that ban discrimination in employment, etc. based on sexual orientation and gender identity. Most of this bill's provisions do NOT have anything to do with LGBT Virginians.
Other bills, such as HB 21 and SB 23, just add protections for LGBT people to existing discrimination laws in Virginia.
By contrast, this bill radically transforms all of Virginia employment discrimination law for discrimination of all types. It does so in ways that are very unfair and costly to employers, including small businesses with as few as 6 employees. For a more detailed discussion, see "Virginia Values Act Would Harm State's Economy," CNS News, January 14, 2020, and "How to Cripple Small Business with One Easy Law," Bacon's Rebellion, January 13, 2020.
This bill would generate groundless and wasteful litigation and lots of cost and expense. It should be rejected, and SB 23 and HB 21 should be enacted instead. SB 23 would also provide protections in employment, housing, and public accommodations.
SB 23 also bans discrimination in employment, housing, and public accommodations based on sexual orientation and gender identity. HB 21 likewise bans discrimination in employment against LGBT Virginians.
Those are better bills than this bill.
A truly competitive business is one that embraces diversity in all of its forms, not just 'because it is the right thing to do', but because empirical research shows that employees whose perspectives based upon personal identity and experiences are valued in the workplace help generate more innovative and productive solutions to company problems. They also have stronger loyalties to and motivation for their employees.
If having the threat of authentic litigation helps compel businesses to become better performers, so be it.