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 HBs 3, 21, 23, 217, 1050, 1200, and 1512. Read the Bill »

Status

03/05/2020: Passed the Senate

History

DateAction
01/17/2020Committee
01/17/2020Presented and ordered printed 20105607D
01/17/2020Referred to Committee on General Laws
01/22/2020Assigned GL sub: Housing/Consumer Protection
01/23/2020Impact statement from DPB (HB1663)
01/23/2020House subcommittee amendments and substitutes offered
01/23/2020Subcommittee recommends reporting with substitute (5-Y 1-N)
01/28/2020Incorporates HB1512(McQuinn)
01/28/2020House subcommittee amendments and substitutes offered
01/28/2020Committee substitute printed 20106635D-H1
01/28/2020Incorporates HB217 (Convirs-Fowler)
01/28/2020Incorporates HB1050 (Levine)
01/28/2020Incorporates HB21 (Lindsey)
01/28/2020Incorporates HB23 (Lindsey)
01/28/2020Incorporates HB3 (McQuinn)
01/28/2020Incorporates HB1512 (McQuinn)
01/28/2020Incorporates HB1200 (Tran)
01/28/2020Reported from General Laws with substitute (16-Y 6-N) (see vote tally)
01/28/2020Referred to Committee on Appropriations
01/29/2020Assigned App. sub: Compensation & General Government
01/31/2020Subcommittee recommends reporting (4-Y 3-N)
01/31/2020Impact statement from DPB (HB1663H1)
01/31/2020Reported from Appropriations (14-Y 8-N) (see vote tally)
02/04/2020Read first time
02/05/2020Read second time
02/05/2020Committee substitute agreed to 20106635D-H1
02/05/2020Engrossed by House - committee substitute HB1663H1
02/06/2020Passed by temporarily
02/06/2020Pending question ordered
02/06/2020Read third time and passed House (59-Y 35-N)
02/06/2020VOTE: Passage (59-Y 35-N) (see vote tally)
02/07/2020Constitutional reading dispensed
02/07/2020Referred to Committee on General Laws and Technology
02/27/2020Reported from General Laws and Technology with substitute (9-Y 2-N) (see vote tally)
02/27/2020Committee substitute printed 20109133D-S1
02/27/2020Rereferred to Finance and Appropriations
03/02/2020Reported from Finance and Appropriations (14-Y 1-N) (see vote tally)
03/04/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/04/2020Impact statement from DPB (HB1663S1)
03/05/2020Read third time
03/05/2020Reading of substitute waived
03/05/2020Committee substitute agreed to 20109133D-S1
03/05/2020Reading of amendments waived
03/05/2020Passed by temporarily
03/05/2020Amendments by Senator Stuart withdrawn
03/05/2020Reading of amendment waived
03/05/2020Amendment #1 by Senator Petersen withdrawn
03/05/2020Amendment by Senator Newman withdrawn
03/05/2020Amendment #2 by Senator Petersen agreed to
03/05/2020Engrossed by Senate - committee substitute with amendment HB1663S1
03/05/2020Passed Senate with substitute with amendment (26-Y 14-N) (see vote tally)
03/05/2020Pending question ordered
03/05/2020Senate substitute with amendment rejected by House 20109133D-S1 (7-Y 90-N)
03/05/2020VOTE: REJECTED (7-Y 90-N) (see vote tally)
03/05/2020Senate insisted on substitute with amendment (27-Y 12-N 1-A) (see vote tally)
03/05/2020Senate requested conference committee
03/05/2020Motion to reconsider insist on substitute with amendment agreed to (40-Y 0-N) (see vote tally)
03/05/2020Senate insisted on substitute with amendment (26-Y 14-N) (see vote tally)
03/05/2020House acceded to request
03/05/2020Conferees appointed by House
03/05/2020Delegates: Sickles, McQuinn, Coyner
03/05/2020Conferees appointed by Senate
03/05/2020Senators: Ebbin, Boysko, Vogel
03/12/2020No further action taken
03/12/2020Failed to pass in House

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 5 clips in all, totaling 9 minutes.

Comments

Anonymous Voter writes:

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.

Rob writes:

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.

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