Why the Lack of Employment Non-Discrimination Protections Harms Virginia

With some regularity I receive inquiries from GLBT individuals who are contemplating a possible move to Virginia - either due to a job transfer or a perceived job opportunity. The two questions that come up time and time again relate to (1) what employment protections, if any exist for LGBT employees and (2) whether same sex relationships receive any state recognition whatsoever. The answer, of course is that there are ZERO employment non-discrimination protections for LGBT citizens in Virginia and that our relationships receive no recognition whatsoever. Indeed, because of the "Marriage Amendment" passed in 2006, same sex partners are strangers to each other Virginia law unless appropriate estate planning and powers of attorney have been put in place. Today I received another inquiry from an out of state resident contemplating a possible job transfer to Virginia. Here's a redacted version of the e-mail inquiry:

*
Sent: Tuesday, October 27, 2009 4:12 PM

To: Mike Hamar

Subject: Question regarding non-discrimination case law in Virginia

*

Mr. Hamar and staff Aloha!

*

My name is_____; I'm currently employed in Hawaii with__________. My Principal is considering transferring me to a position in Norfolk, but I have concerns with the lack of comprehensive employment non-discrimination law in Virginia. My HR forum chair in Virginia sent me to the Equality Virginia website, which had a link to your firm.

*

My question to you is, despite there being no such workplace discrimination statute in Virginia, do you know of any case law in your state which has held a wrongful termination in violation of a company's non-discrimination policy as breach of contract and liable for damages? I researched through Lexis Nexis, but no longer have access to Westlaw, and my experience and knowledge as a paralegal is focused in Hawaii.

*

I've already experienced workplace discrimination due to my sexual orientation in the face of both a corporate anti-discrimination policy and a comprehensive state statute (HRS 378). Only the threat of a very public lawsuit kept me my job. A state with no such statute, and no precedent for liability based on breach of contract means no protections whatsoever. Do you have readily available information concerning this issue? Thank you very much for your time.
*

Warm regards, Honolulu, HI

*

I have already advised the writer that no statutory protections exist. I am researching the issue of any supportive case law, but doubt that any exists. American citizens should not have to live this way, but such is life in the Old Dominion - and it will only get worse if Taliban Bob McDonnell and Ken "I'm a Kook" Cuccinelli get elected next week. Here's the message that I sent to a reporter at the Virginian Pilot who covers GLBT issues, if you will, concerning today's legal issue inquiry when I forwarded him the redacted message that I had received:

*
I received this e-mail which shows that Virginia’s lack of non-discrimination protections is a deterrent to LGBT employees wanting to come to Virginia. I have edited out the sender’s name, but I DO get questions like this regularly. Typically, I tell them that they are better off NOT moving to Virginia if they have a comparable job opportunity in a more gay friendly state.

*

Bob McDonnell, are you listening??? Bigotry does not help make one a "jobs governor."