Executive directive clarifies discrimination stance

Wednesday, March, 10, 2010; 5:57 PM | 3 | | Print

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TOPICS: ken cuccinelli bob mcdonnell

Employment discrimination “will not be tolerated," according to a new executive directive from Virginia Gov. Bob McDonnell.

Executive Directive 1, sent to state employees late Wednesday afternoon, stressed that workplace discrimination was illegal based on federal and state regulations. An e-mail with the directive encouraged state universities to comply with the directive.

“Discrimination based on factors such as one’s sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution,” the directive said. “Therefore, discrimination against enumerated classes of persons set forth in the Virginia Human Rights Act or discrimination against any class of persons without a rational basis is prohibited.”

The directive states that state employees found discriminating would be subject to disciplinary action.

“Civility, fair treatment, and mutual respect shall be the standard of conduct expected in state employment,” the directive said.

The executive directive comes days after protests arose from a letter sent by Virginia Attorney General Ken Cuccinelli late last week. The letter advised schools to remove protections for gays from their non-discrimination policies to comply with Virginia law. Cuccinelli’s letter said that the authorization to add protections for gays would require approval from the Virginia General Assembly. 

The letter drew a firestorm of controversy, with students protesting at several schools statewide. A Wednesday protest at Virginia Commonwealth University drew several hundred, and a Virginia Tech student-created Facebook group protesting the letter had 1,395 members as of Wednesday at 6 p.m. 

Cuccinelli supported the new executive directive, in a statement released Wednesday evening.

"I applaud Governor McDonnell for the tone he is setting for the Commonwealth of Virginia. I will remain in contact with the Governor and continue to work with him on issues important to Virginians," the statement said. "I expect Virginia’s state employees to follow all state and federal anti-discrimination laws and will enforce Virginia’s laws to the fullest extent."

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Correction needed | # March 11, 2010 @ 2:23 AM — Flag Comment

"The executive order comes days after protests..."

This was not an Executive Order, it was a directive. Executive Orders carry legal weight while directives do not. Therefore VT can still legally discriminate against heterosexuals like me.

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Paul Deyerle | # March 12, 2010 @ 4:15 PM — Flag Comment

Below is a direct quote from the Principles of Community:

"We reject all forms of prejudice and discrimination, including those based on age, color, disability, gender, national origin, political affiliation, race, religion, sexual orientation, and veteran status."

Being heterosexual is a sexual orientation. Therefore, Virginia Tech is committed to advocating for heterosexuals and homosexuals equally.

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Shell | # March 12, 2010 @ 7:38 PM — Flag Comment

Also check out the existing university policy:

Virginia Tech does not discriminate against employees, students, or applicants on the basis of age, color, disability, gender, national origin, political affiliation, race, religion, sexual orientation or veteran status. Discrimination or harassment on any of these bases is prohibited by Policy 1025, "Anti-Discrimination and Harassment Prevention Policy."

See: http://www.policies.vt.edu/1025.pdf

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