(Virginia) Governor issues directive against discrimination

[Newsjock]

Source: Richmond Times-Dispatch

After a day of legislative maneuvering and protests, Gov. Bob McDonnell issued an unusual executive directive saying workplace discrimination, including bias against gays, is prohibited in Virginia.

McDonnell’s pronouncement doesn’t make the anti-bias statement law, but says it must be obeyed in Virginia because such discrimination would be against the state and U.S. Constitutions.

The governor’s directive comes as the outcry increased against Attorney General Ken Cuccinelli’s opinion delivered to state college and university leaders last Thursday, saying that it was illegal for them to have policies that ban discrimination against gays without a mandate from the legislature.

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

“Employment discrimination of any kind will not be tolerated by this administration,“ the directive said. “Consistent with state and federal law, and the Virginia and United States Constitutions, I hereby direct that the hiring, promotion, compensation, treatment, discipline, and termination of state employees shall be based on an individual’s job qualifications, merit and performance.

Read more: http://www2.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/governor_urged_to_issue_anti-discrimination_bill/329477/

[warm regards]

1. Interesting...

I have always said that there is no need for special laws regarding many of these issues. There are enough anti-discrimination laws in effect to do the job.

[TheMadMonk]

6. Unfortunately the US legal system (and the Westminster System)...

...on which it is somewhat loosely based do in fact require special laws for what should in fact be common sense reinterpretation of existing law.

If a given legal entity, class or sub-class is not specifically mentioned in a given piece of legislation then it has time and time again been successfully argued that that legislation does not apply to that entity, class, or sub-class. Thus e-mails, instant messages, texts, and other recent innovations in communication fell outside existing wiretap laws and since they had no legal identity could be intercepted without warrant until legislation specifically protecting them was introduced.

Anti-discrimination laws which ennumerate sex, skin colour, religion, physical or mental handicap, allow judges the luxury of interpreting that as excluding gender identity.

[warm regards]

10. That is what I detest about lawyers and the legal system--common sense does not apply.

Rather than just interpreting laws logically, there is a constant effort to split hairs, which results in numerous illogical decisions.

It really shouldn't be so hard to say that discrimination is wrong and every one has human rights.

[No Elephants]

2. Didn't McDonnell, when he was AG, declarie Kaine's directive unconstitutional under

Virginia law?

I"m confused.

[spooky3]

4. Here's what I've read...

the current AG (Cucinelli) declared Kaine's forbidding discrimination on the basis of SO against the law, as it applied to state-assisted universities (and maybe in other workplaces), unless the General Assembly acted to change this.

Students, faculty and staff at these universities protested loudly.

McDonnell now appears to be overruling the AG, probably in response to the pressure.

[stillwaiting]

5. He wants to be President. This lets him appear moderate. It's all about appearance.

The media will gladly help him become a "moderate".

[Bitwit1234]

3. I read McDonnell was gettting a lot of flak and he had to do something.

[Blue_Tires]

7. full text of the e-mail

March 10, 2010

Dear Fellow State Employee:

Early in the Administration, the Governor authorized the issuance of an Equal Opportunity in the Workplace Directive to employees of the Office of the Governor that reflects his strong position that employment discrimination for any reason other than merit and ability has no place in state government. While the separation of powers doctrine precludes the Governor from changing the Virginia Human Rights Act via Executive Order, he wants to be clear that discrimination in state employment will not be tolerated. As the chief executive officer for the Commonwealth, the Governor wants to establish a clear standard of conduct ensuring that all cabinet members, agency heads, managers, supervisors and employees of the Executive Branch understand and enforce state and federal law prohibiting employment discrimination. Independent agencies and state supported colleges and universities should likewise adopt a similar standard of conduct. This standard of conduct is set forth in the attached Executive Directive One.

It is the Governor’s Directive that Executive Branch agencies attract and retain the best and the brightest people to state public service, and that all feel welcome and appreciated as they serve the citizens of the Commonwealth. We have a talented state workforce, which is doing excellent work in very tough budget times. We also have outstanding cabinet members and managers, where excellence and fair treatment is the great norm, and discrimination is the extremely rare exception.

On behalf of the Governor, I want to thank you for your cooperation and assistance with implementing this Directive, and for making Virginia state government a welcoming and productive place to fulfill one’s professional calling.

Sincerely,
Martin L. Kent
Chief of Staff
Governor Robert F. McDonnell

[MurrayDelph]

8. Unfortunately, it does not override

his earlier "Executive Order," which DOES allow discrimination.

As it turns out, while an "Executive Order" is a law, an "Executive Directive" is more of a guideline.

[mahatmakanejeeves]

9. Cuccinelli

Va. Gov. McDonnell prohibits bias against gay state workers

"I will remain in contact with the Governor and continue to work with him on issues important to Virginians," Cuccinelli's statement continued. "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."

It must have been too difficult for Cuccinelli to have spoken those words rather than issue a written statement, due to the blood running from his mouth after his teeth were kicked in by every thinking person on the planet.

McDonnell's directive came on the same day that more than 1,000 students rallied at Richmond's Virginia Commonwealth University and as reaction to Cuccinelli's letter had been growing nationally and within Virginia's business community. The topic was a subject of a lengthy segment on "The Daily Show" Tuesday, and some students had been sending e-mails about their concerns to Northrop Grumman, the defense corporation weighing sites around the region for its corporate headquarters, urging them to avoid Virginia.

Take a bow, VCU students. I used to work for NG, and I have been mentally drafting a letter to them, telling them just what their employees and their employees' kids could expect if they relocated to Virginia.

Del. Robert G. Marshall (R-Prince William) ... suggested the reaction against Cuccinelli might be an attack against his Catholic faith.

Marshall said last night that McDonnell's directive carries no force and is no more than a "press release with fluff around it."

Order, directive.... Either way, you can be sure that McDonnell's religious fanatic supporters are furious. Still, Marshall's words should be kept in mind.