§ 2.2-3901 Definitions
A. The terms “because of sex or gender” or “on the basis of sex or gender” or terms of similar import when used in reference to discrimination in the Code and acts of the General Assembly include because of or on the basis of pregnancy, childbirth, or related medical conditions, including lactation. Women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all purposes as persons not so affected but similar in their abilities or disabilities.
B. The term “gender identity,” when used in reference to discrimination in the Code and acts of the General Assembly, means the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.
C. The term “sexual orientation,” when used in reference to discrimination in the Code and acts of the General Assembly, means a person’s actual or perceived heterosexuality, bisexuality, or homosexuality.
D. The terms “because of race” or “on the basis of race” or terms of similar import when used in reference to discrimination in the Code and acts of the General Assembly include because of or on the basis of traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks, and twists.
E. As used in this chapter, unless the context requires a different meaning: “E.E.O.C.” means the U.S. Equal Employment Opportunity Commission. “Lactation” means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast. “Military status” means status as (i) a member of the uniformed forces, as defined in 10 U.S.C. § 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. § 10101, (ii) a veteran as defined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C. § 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50. “Religion” includes any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols.
History
This law was first created in 1987. The record of its establishment is cataloged in chapter 581 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 “Acts” aren’t available online. It has been modified 7 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 457; in 1997, chapter 404; in 2001, chapter 844; in 2005, chapter 839; in 2020, chapters 107, 152, 1137, 1138, 1139, and 1140; in 2022, chapter 799; in 2024, chapter 819.
1987, c. 581, § 2.1-716; 1991, c. 457; 1997, c. 404; 2001, c. 844; 2005, c. 839; 2020, cc. 107, 152, 1137, 1138, 1139, 1140; 2021, Sp. Sess. I, cc. 477, 478; 2022, c. 799; 2024, c. 819.