Friday, January 15, 2010

2010 Legislative Outlook for LGBT Virginians

Virginia continues to be one of the worse states in the USA for gay employees. Between favoring "at will" employment and a total lack of employment non-discrimination protections, LGBT employees often face being fired because of their sexual orientation and are left with no legal recourse whatsoever. Incoming Governor Bob "Taliban Bob" McDonnell has indicated that he will not renew Executive Order 1 (2006) which purported to protect state employees which even if dubious effect - I just found out today that a case I am handling for a fired gay employee has been transferred from the Court of Appeals to the Virginia Supreme Court - it's existence at least may have had the effect of reigning in at least some homophobic state supervisory personnel. Now, as DC Agenda reports, Adam Ebbin - Virginia's sole gay member of the Virginia General Assembly - may introduce two gay affirming bills in the 2010 session of the General Assembly. Here are some story highlights:
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Equality Virginia CEO Jon Blair said the two bills expanding workplace discrimination protections and permitting employee life insurance benefits for domestic partners were the lobby group’s top priorities with the best chance of passing in 2010. Other bills to be considered by committees, but with a more doubtful future, include extending reproductive technology access to unmarried couples.
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Blair’s big-ticket item is passing a bill barring workplace discrimination based on sexual orientation and gender identity, enshrining in law former Gov. Tim Kaine’s executive order that incoming Gov. Bob McDonnell declined to continue. Like the executive order it will replace, if passed, the workplace protection will only cover public employees. Blair hoped, though, that step would be just the start.“Virginia is the only state in the nation where it is 100 percent legal to fire someone based on their perceived sexual orientation. Protected classes are race, gender, creed — those kinds of things,” he said.
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The lobby group’s second priority this year is a group life insurance bill that would allow insurers and employers to mutually agree upon any group of people they’re willing to insure. . . . “Employees want it, employers want it, and insurers want it, and all we need is the General Assembly to bless it,” Blair said. “We’re not just talking about GLBT people here. Any person who has an otherwise qualified adult in their household who they want to provide insurance to, including straight couples.
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“This isn’t just about recruiting new employees, either,” Blair said. “There are companies here that have more than one major headquarters and they cannot promote employees from one of those offices to their main headquarters here because employees will refuse the promotion based on losing their benefits. Because when they live in Montreal or Seattle or wherever they are allowed to provide benefits to those partners and when they move here they lose them.”
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“When you explain the life insurance bill is revenue neutral and won’t cost employers anything, that means something,” he said. “When you can say a comprehensive non-discrimination policy is good for business and employers recruiting employees — and 88 percent of fortune 500 companies in Virginia already voluntarily have a non-discrimination policy because they on their own decided it was a good idea — that means something.”
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The state’s only openly gay delegate, Adam Ebbin, a Democrat, noted that he felt there would be “more than one Republican” joining him in supporting both bills. “The insurance industry and business community very much support this. If people see the advantage of this bill for a wide variety of potential policy beneficiaries, I think it can pass.”

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Sadly, I do get calls from employees who have employers wanting to promote them and move them to Virginia. The first question they ask is about employment protections and I have to tell them that the state provides them nothing. A number - not surprisingly - have decided to turn down the promotion and remain in more gay friendly states.

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