No. On April 11, 2020, Governor Northam signed the Virginia Values Act (SB 868), monumental anti-discrimination legislation that makes Virginia the first state in the South to enact comprehensive protections for the LGBTQIA community. In particular, Senate Bill 868 1) prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran; 2) prohibits discrimination in credit on the basis of sexual orientation, gender identity, pregnancy, childbirth, or related medical conditions, disability, and veteran status; and 3) prohibits discrimination in housing based on sexual orientation, gender identity, and status as a veteran. The Virginia Values Act became effective on July 1, 2020.
The Virginia Values Act amends the Virginia Human Rights Act (VA HRA), Va. Code §§ 2.2-3900 et seq., by barring discrimination on the basis of sexual orientation or gender identity and creating a private cause of action for employment discrimination. The amended VA HRA authorizes a victim of discrimination to bring a civil action in district or circuit court after receiving a notice of right to file a civil action from the Division of Human Rights of the Department of Law. Remedies include uncapped compensatory and punitive damages.
Under the Virginia Values Act, “gender identity” means the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth. “Sexual orientation” means a person’s actual or perceived heterosexuality, bisexuality, or homosexuality.
Hiring a proven and effective advocate is critical to obtaining the maximum recovery in a Virginia LGBTQIA discrimination case. U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.
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