Comments on: Virginia Governor Bob McDonnell invites the firing of state employees solely for being gay

By: ZRAinSWVA

ZRAinSWVA — Sat, 20 Feb 2010 13:21:17 +0000

jonathan, as I understand it, yes, all public institutions are subject to the rules established by Executive Order. It does not affect private institutions.

By: johnathan

johnathan — Sat, 20 Feb 2010 05:40:48 +0000

Rob, yes it can. Until such classes are added by legislative or voter action, or forced by judicial rule, an executive order may be either left alone (i.e. left in force) or revoked all together by the next in line (or whomever wishes to do so).

Arizona’s previous governor, Janet Napolitano included sexual orientation as a protected class for non-discrimination in state employment and benefits. After she left to head the DHS, our new “Governor” — and I use that term lightly — Jan Brewer, threatened to revoke the protected status. (Or did she, in fact, remove it?) Any other Arizonans on this board to confirm/deny this for me?

By: Rob in San diego

Rob in San diego — Sat, 20 Feb 2010 01:14:22 +0000

So even though governors before included sexual orientation, it can be removed just like that? WTF?

By: johnathan

johnathan — Fri, 19 Feb 2010 22:32:59 +0000

Fred, I am guessing (and this is just a guess) this is because PUBLIC higher education instutions, such as state universities, colleges, are under the purview of the state government. Thus, an Executive Order from the Governor affects all offices operating under the State/Commonwealth of Virginia and employees therewithin. Private universities, colleges, and educational institutions are not affected.

By: Fred

Fred — Fri, 19 Feb 2010 18:36:26 +0000

ZRAinSWVA, Why does the Governor’s Executive Order prevent Higher Education Institutions and local government from providing protection to their employees from discrimination on the grounds of sexual orientation on the basis of their own authority?

By: Swampfox

Swampfox — Fri, 19 Feb 2010 16:59:15 +0000

“To those of you with your sanity who live in Virginia…how on earth do you manage? – Johnathan”

I don’t believe that there are that many states that have such anti-discrimination laws. I live in South Carolina.

By: CPT_Doom

CPT_Doom — Fri, 19 Feb 2010 15:24:31 +0000

Fred, you are correct that such protections should be in place for all workplaces. Unfortunately, protection against discrimination for LGBT people in the US is currently the whim of the states. In 28 states you can still be fired for the crime of being LGBT. There is a federal bill proposed that would correct this, but is not being pushed by the Administration or Congress (although I bet they promise to get right on it if we continue to donate to the Dems – which I won’t). Meanwhile Democratic Governors in hate states like Virginia have tried to add some minimal protections for LGBT state workers through Executive Orders. Unfortunately, those Orders expire and/or can be overturned by the next Governor, as we’ve seen here.

By: ZRAinSWVA

ZRAinSWVA — Fri, 19 Feb 2010 14:24:51 +0000

I live in Virginia as well. It can sometimes be a politically uncomfortable place to reside.

The coming political maneuvering, though, is likely to be interesting:

SB 66 – McEachin – State employment; discrimination prohibited.
Prohibits discrimination in public employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, or status as a special disabled veteran or other veteran covered by the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended. The bill defines “sexual orientation” as a person’s actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. The bill expressly provides that “sexual orientation” shall not include any person’s attraction toward persons with whom sexual conduct would be illegal due to the age of the parties. The bill contains technical amendments. http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=sb66.

Given the Governor’s position, and his statements on this matter, one wonders if he would veto the bill if (and it’s a big if) it successfully passes in the General Assembly.

Also of interest: every institute of higher education (and many localities) in Virginia now have nondiscrimination policies which exceed the scope ‘allowed’ by the Governor. Word on the street is that those will need to be amended to reflect the stance allowed by the Executive Order; if so, I hope there will be a cry of outrage from the college campuses.

By: Fred

Fred — Fri, 19 Feb 2010 07:57:41 +0000

Forgive a rather stupid question from a Brit. Surely these protections from discrimination at work are something that all Virginians should enjoy, not just those that work for the State? Furthermore, should these protections be given or removed at the whim of the Governor? I.e. isn’t the bigger and more important story the historical inaction of the Virginia’s State Legislature, rather than the actions of its most recent Governor?

By: Mason

Mason — Fri, 19 Feb 2010 02:43:05 +0000

This means that a gay supervisor can fire a straight state employee for being straight, right?