Virginia Gov Gay Directive.

Yesterday, Virginia's Governor  Robert   McDonnell issued a special  directive to all 102,000 state employees, yesterday that no outlaws discrimination in the state workforce - including on sexual orientation.  The Gov also warns anyone guilty of it will be  reprimanded or fired or fire anyone who engages in it.

This new directive come around a week  after  the  state attorney general Kenneth  Cuccinelli sent a note to all the public colleges and universities in the state,  asking them to remove references to sexual orientation from their campus nondiscrimination policies.   Ken Cuccinelli  claimed only the General Assembly had the power to  extend legal protections to gay people.

The announcement yesterday came as almost 1000 students held a rally at Virginia Commonwealth University in Richmond,  while another 200 students protested at the State House over the Cuccinelli letter.

McDonnell said yesterday,  Cuccinelli's letter had caused confusion and anger among students, college presidents and many  others which he could address with a clear statement opposing discrimination,  along with  a promise to use the human resources process to punish an employee found be acting in such a discriminatory way.     "We will not tolerate discrimination based on sexual orientation or any other basis that's outlawed under state or federal law or the Constitution, and if it is reported, then I will take action, from reprimand to termination, to make sure that does not occur," McDonnell said. "I believe this properly takes care of it and assures the good people of Virginia that we will absolutely not have discrimination in this state."

Here's the directive in full -

STANDARD OF CONDUCT FOR CABINET MEMBERS, EXECUTIVE BRANCH AGENCY HEADS, MANAGERS, SUPERVISORS AND EMPLOYEES CONCERNING EMPLOYMENT DISCRIMINATION

As the chief executive officer for the Commonwealth of Virginia, I hereby establish a standard of conduct to ensure that all cabinet members, Executive Branch agency heads, managers, supervisors and employees understand and enforce state and federal law prohibiting employment discrimination. Employment discrimination of any kind will not be tolerated by this Administration.

The Virginia Human Rights Act recognizes the unlawfulness of conduct that violates any Virginia or federal statute or regulation governing discrimination against certain enumerated classes of persons. The Equal Protection Clause of the United States Constitution prohibits discrimination without a rational basis against any class of persons. 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. 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.

No employee of the Executive Branch shall engage in any discriminatory conduct against another employee. Allegations of any violation of the law or this standard of conduct shall be brought promptly to the attention of the Director of the Department of Human Resource Management for review and corrective action. Any cabinet member, agency head, manager, supervisor or employee who discriminates against a state employee or prospective employee in violation of the law or this standard of conduct shall be subject to appropriate disciplinary action, ranging from reprimand to termination.

I further direct agency heads to ensure that every manager and supervisor in their respective agency is aware of and enforces this standard of conduct. Civility, fair treatment, and mutual respect shall be the standard of conduct expected in state employment. - Robert F. McDonnell, Governor

Obviously any measure to ensure gays are not discriminated against just because of their sexual orientation is a step in the right direction,  a step towards freedom and equality.  However,  this simply does not go far enough,  it only applies to state employees,  it only applies to the work place and employment.  It falls woefully short of offering proper and comprehensive  protection from discrimination on sexual orientation basis  to students and   to ordinary members of the public.  

Posted by Jason Shaw.

GayAgenda.com's UK Correspondent.

Jason's personal blog is The Seafront Diaries,   a throne among the roses,  a bush without a leaf a rebel without a cause.!

© 2010 Copyright Jason Shaw