Are employers prohibited from discriminating based on a person’s sexual orientation or gender identity?

In Virginia, employers are statutorily prohibited from discriminating against individuals based on their sexual orientation or gender identity. This prohibition applies to all employers regardless of size. The Virginia Values Act, passed by both the House and Senate and signed into law in April 2021, amended the Virginia Human Rights Act to prohibit discrimination on the basis of sexual orientation and gender identity in employment, housing, public accommodations, banking, and insurance. The law protects individuals from discrimination in all aspects of their employment, such as hire, job assignments, promotion, opportunities, compensation, layoffs, training, benefits, and other terms and conditions of employment. Private employers, state and local governments, and any state-recognized religious organization are all subject to this law. This law means that employers in Virginia cannot fire, demote, harass, or otherwise discriminate against employees or applicants because of their sexual orientation or gender identity. Employers also cannot ask about their sexual orientation or gender identity during job interviews, or use it as a factor in making hiring, promotion, or other employment decisions. In addition, employers must take reasonable steps to prevent sexual orientation and gender identity discrimination and harassment. Employers should also use gender-neutral language and pronouns when addressing individuals and allow individuals to dress and use restroom facilities in accordance with their gender identity.

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Are employers prohibited from discriminating based on a person’s sexual orientation or gender identity?

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