Vote Smart's Synopsis:

Vote on a motion to table a motion to discharge the House Committee on General Laws from consideration of a bill that prohibits state agencies from discriminating based on sexual orientation with respect to employment actions, thereby forcing consideration on the floor of the House of Delegates.

Highlights:

-Authorizes individuals to request a hearing for an allegation of discrimination with respect any of the following employment actions (Sec. 1):

-Formal disciplinary actions, including suspension, demotion, transfer, and dismissal resulting from a unsatisfactory performance or formal discipline; -Use of the written personnel policies, rules, procedures, and regulations; -Being discriminated based on race, color, religion, political affiliation, age, disability, national origin, sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, or status as a special disabled veteran or other veteran covered by the Vietnam Era Veterans Readjustment Assistance Act of 1974; -"Frivolous or inconsistent" performance evaluations; -An act of retaliation because of participation in the grievance procedure or because an employee is complying with any federal or state law; and -An act of retaliation for using any right protected by law.

-Defines "sexual orientation" as an individual's perceived or actual heterosexuality, bisexuality, homosexuality, or gender expression or identity, but not the sexual attraction to any individual where sexual conduct or interaction would be illegal because of age restrictions (Sec. 1). -Prohibits complaints relating to the following issues from proceeding a hearing (Sec. 1):

-The establishment and revision of wages, salaries, position classifications, or general benefits; -Work activity that would be included in job content accepted by the employee; -Content of established personnel policies, rules and regulations, methods, and employee activities that are to be continued; -Termination, layoff, demotion, or suspension of duties because of lack of work, the abolishment of a job, or reduction of work; -Hiring, promotion, transfer, reassignment, or retention of employees within the agency; and -Relief of employees from duties of the agency due to an emergency.

-Requires the decision in response to qualification of grievances be made in writing by the agency head within 5 workdays of the employee's request for a hearing (Sec. 1). -Authorizes employees to appeal the denial of a hearing within 5 workdays upon receiving the denial (Sec. 1). -Requires the hearing be held at the location where the employee is employed or at a location agreed upon by the employee, employer, and hearing officer (Sec. 1). -Authorizes both employees and the agency to have legal counsel and call witnesses to give a testimony and be cross-examined at the hearing (Sec. 1). -Specifies that within 30 days of receiving records of the grievance, the court, without a jury, will hear appeals on the record or other evidence to resolve any controversy on the correctness of the record. (Sec. 1). -Del. Charles Carrico is not listed on the vote breakdown because his vote does not accurately reflect his intention; he was recorded as having voted "Nay" but intended to vote "Yea." -Del. Ronald Villanueva is not listed on the vote breakdown because his vote does not accurately reflect his intention; he was recorded as having voted "Nay" but intended to vote "Yea." -Del. William Cleaveland, recorded as not voting, intended to vote "Yea."

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits state agencies from discriminating based on sexual orientation with respect to employment actions.

Highlights:

-Authorizes individuals to request a hearing for an allegation of discrimination with respect any of the following employment actions (Sec. 1):

-Formal disciplinary actions, including suspension, demotion, transfer, and dismissal resulting from a unsatisfactory performance or formal discipline; -Use of the written personnel policies, rules, procedures, and regulations; -Being discriminated based on race, color, religion, political affiliation, age, disability, national origin, sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, or status as a special disabled veteran or other veteran covered by the Vietnam Era Veterans Readjustment Assistance Act of 1974; -"Frivolous or inconsistent" performance evaluations; -An act of retaliation because of participation in the grievance procedure or because an employee is complying with any federal or state law; and -An act of retaliation for using any right protected by law.

-Defines "sexual orientation" as an individual's perceived or actual heterosexuality, bisexuality, homosexuality, or gender expression or identity, but not the sexual attraction to any individual where sexual conduct or interaction would be illegal because of age restrictions (Sec. 1). -Prohibits complaints relating to the following issues from proceeding a hearing (Sec. 1):

-The establishment and revision of wages, salaries, position classifications, or general benefits; -Work activity that would be included in job content accepted by the employee; -Content of established personnel policies, rules and regulations, methods, and employee activities that are to be continued; -Termination, layoff, demotion, or suspension of duties because of lack of work, the abolishment of a job, or reduction of work; -Hiring, promotion, transfer, reassignment, or retention of employees within the agency; and -Relief of employees from duties of the agency due to an emergency.

-Requires the decision in response to qualification of grievances be made in writing by the agency head within 5 workdays of the employee's request for a hearing (Sec. 1). -Authorizes employees to appeal the denial of a hearing within 5 workdays upon receiving the denial (Sec. 1). -Requires the hearing be held at the location where the employee is employed or at a location agreed upon by the employee, employer, and hearing officer (Sec. 1). -Authorizes both employees and the agency to have legal counsel and call witnesses to give a testimony and be cross-examined at the hearing (Sec. 1). -Specifies that within 30 days of receiving records of the grievance, the court, without a jury, will hear appeals on the record or other evidence to resolve any controversy on the correctness of the record. (Sec. 1).

Full Bill Text