Virginia Executive Directive Reverses Attorney General Position on Gay Rights

Commonwealth of Virginia
Office of the Governor
Executive Directive #1 (2010)

STANDARD OF CONDUCT FORCABINET MEMBERS, EXECUTIVE BRANCH AGENCYHEADS, MANAGERS, SUPERVISORS AND EMPLOYEESCONCERNING 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 employeesunderstand and enforce state and federal law prohibiting employmentdiscrimination.Employment discrimination of any kind will not be tolerated by thisAdministration. The Virginia Human Rights Act recognizes theunlawfulness of conduct that violates any Virginia or federal statute orregulation governing discrimination against certain enumerated classes ofpersons. The Equal Protection Clause of the United States Constitutionprohibits discrimination without a rational basis against any class of persons.Discrimination based on factors such as one’s sexual orientation or parentalstatus violates the Equal Protection Clause of the United States Constitution.Therefore, discrimination against enumerated classes of persons set forth inthe Virginia Human Rights Act or discrimination against any class ofpersons without a rational basis is prohibited.Consistent with state and federal law, and the Virginia and UnitedStates Constitutions, I hereby direct that the hiring, promotion,compensation, treatment, discipline, and termination of state employees shallbe based on an individual’s job qualifications, merit and performance. Noemployee of the Executive Branch shall engage in any discriminatoryconduct against another employee.Executive Directive 1 (2010)Executive Directive 1 (2010)Page 2Allegations 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.
/s/ Robert F. McDonnell, Governor
http://static.mgnetwork.com/rtd/pdfs/20100310_executive_directive_one.pdf