Discrimination; prohibited in public accommodations, etc., causes of action. (SB868)

Introduced By

Sen. Adam Ebbin (D-Alexandria)

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 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, or 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. Before a civil cause of action may be brought in a court of the Commonwealth, an aggrieved individual must file a complaint with the Division of Human Rights of the Department of Law, participate in an administrative process, and receive a notice of his right to commence a civil action. 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 SB 66 and SB 159. Read the Bill »

Status

03/05/2020: Passed the General Assembly

History

DateAction
01/08/2020Prefiled and ordered printed; offered 01/08/20 20104737D
01/08/2020Referred to Committee on General Laws and Technology
01/22/2020Impact statement from DPB (SB868)
01/27/2020Impact statement from DPB (SB868)
01/29/2020Reported from General Laws and Technology with substitute (12-Y 0-N 2-A) (see vote tally)
01/29/2020Committee substitute printed 20107133D-S1
01/29/2020Incorporates SB66 (McClellan)
01/29/2020Incorporates SB159 (Boysko)
01/31/2020Constitutional reading dispensed (37-Y 0-N) (see vote tally)
02/03/2020Passed by for the day
02/04/2020Passed by for the day
02/05/2020Impact statement from DPB (SB868S1)
02/05/2020Read second time
02/05/2020Reading of substitute waived
02/05/2020Committee substitute agreed to 20107133D-S1
02/05/2020Reading of amendments waived
02/05/2020Amendments #'s 1,2,3,4,6,7,8 by Senator Peake rejected (19-Y 21-N) (see vote tally)
02/05/2020Amendment #5 by Senator Peake rejected (17-Y 23-N) (see vote tally)
02/05/2020Amendment #9 by Senator Peake rejected
02/05/2020Engrossed by Senate - committee substitute SB868S1
02/06/2020Read third time and passed Senate (30-Y 9-N) (see vote tally)
02/13/2020Placed on Calendar
02/13/2020Read first time
02/13/2020Referred to Committee on General Laws
02/13/2020Reported from General Laws (13-Y 9-N) (see vote tally)
02/17/2020Read second time
02/18/2020Passed by for the day
02/19/2020Passed by for the day
02/20/2020Passed by for the day
02/21/2020Passed by for the day
02/24/2020House committee, floor amendments and substitutes offered
02/24/2020Floor substitute printed 20108819D-H1 (Sickles)
02/24/2020Read third time
02/24/2020Substitute by Delegate Sickles agreed to 20108819D-H1
02/24/2020Passed by temporarily
02/24/2020Motion to pass by amendment by Delegate LaRock agreed to (54-Y 46-N)
02/24/2020VOTE: Pass By (54-Y 46-N) (see vote tally)
02/24/2020Engrossed by House - floor substitute SB868H1
02/24/2020Passed House with substitute (54-Y 46-N)
02/24/2020VOTE: Passage (54-Y 46-N) (see vote tally)
02/25/2020Impact statement from DPB (SB868H1)
02/26/2020House substitute agreed to by Senate (27-Y 13-N) (see vote tally)
02/26/2020Title replaced 20108819D-H1
03/04/2020Enrolled
03/04/2020Bill text as passed Senate and House (SB868ER)
03/04/2020Impact statement from DPB (SB868ER)
03/05/2020Signed by President
03/06/2020Signed by Speaker
03/12/2020Enrolled Bill Communicated to Governor on March 12, 2020
03/12/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020

Comments

Anonymous Voter writes:

This bill, which would be very costly in discrimination cases of all kinds, is being falsely sold to the public as "the" LGBT antidiscrimination bill, when in fact, there is another bill that also bans discrimination in employment, housing, and public accommodations based on sexual orientation and gender identity.

The difference is that the other bill, SB 23, just adds 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 kinds. It does so in ways that are unfair 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.

Ronald N Quasebarth writes:

More burdens on the small business person, that will make them decide not to create more jobs in the first place. More litigation and more waste from those who seem bent on destroying our economy.

Post a Public Comment About this Bill



if you have one


(Limited HTML is OK: <a>, <em>, <strong>, <s>)