Collegiate Times

Employment discrimination “will not be tolerated,” according to an executive directive from Virginia Gov. Bob McDonnell.

Executive Directive 1, sent to state employees late afternoon on March 10, stressed a new “standard of conduct” that workplace discrimination is illegal based on federal and state regulations. An e-mail with the directive encouraged state universities to adopt the standards.

The executive directive came days after protests arose due to a letter sent on March 4 by Virginia Attorney General Ken Cuccinelli. The letter advised schools to remove protections for gays from their non-discrimination policies to comply with Virginia law. Cuccinelli’s letter said authorization to add protections for gays would require approval from the Virginia General Assembly.

“Discrimination based on factors such as one’s sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution,” the new directive said in response to the letter.

“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.”

Cuccinelli’s letter drew a firestorm of controversy and prompted a letter from Virginia Tech’s Student Government Association. The SGA letter, sent on March 8, called for “inclusivity…for all people not just for a select few.”

“As the voice of the student body, it’s important for us to respond to issues on a national and local level,” said Paul Deyerle, a senior psychology major and Director of Equity and Inclusion for Tech’s SGA.

The directive states that state employees found acting with discrimination 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.

Aimee Kanode, a senior humanities, science, and environment major at Tech and president of Tech’s Lesbian, Gay, Bisexual, Transgender Alliance, said her e-mail inbox was flooded following the release of Cuccinelli’s letter.

“I was tied to my computer,” she said.

Kanode added that following the release of Executive Order No. 6 from Governor McDonnell, which clarified non-discrimination policies for state offices without including sexual orientation, many “were already on a watchdog status.” Kanode feared many “would think twice” about coming to Tech if protections based on sexual orientation were not included.

“To not protect that, it could bring about a brain drain,” Kanode said.

The letter brought objections from students at other Virginia schools. A Wednesday protest at Virginia Commonwealth University drew about 1,000 people to the state Capitol in Richmond. Many protestors, away from classes for spring break, organized protests online.

A Tech student created a Facebook group protesting the letter, which had 1,644 members as of Monday afternoon. A similar group at VCU boasts 2,287 members and a group from the College of William & Mary had 2,195 members.

Deyerle said he was surprised to see the outpouring of online protest. “It was great that they were able to voice their opinion that way,” he said.

Following the release of McDonnell’s directive, Cuccinelli issued a statement.

“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,” Cuccinelli 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.”

Tech includes protections based on sexual orientation in several university documents. Section 2.1 of Policy 1025, which covers anti-discrimination and harassment prevention policies, includes prohibitions on discrimination and harassment based on sexual orientation.

Similarly, Tech’s Principles of Community, signed in March 2005, “rejects all forms of prejudice and discrimination,” including sexual orientation in its protections.

Any change in regards to Tech’s non-discrimination policy would come from the university’s Board of Visitors. While Tech’s non-discrimination policy is not on the agenda for the board, the group is scheduled to meet March 21-22 for its first regular meeting for the 2010 year.

A version of this article appeared in the Mar 16 issue of the Collegiate Times.