{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1604.html"}],"law_id":67681,"edition_id":1,"section_id":67681,"structure_id":14768,"section_number":"15.2-1604","catch_line":"Appointment of deputies and employment of employees; discriminatory practices by certain officers; civil penalty","history":"1989, c. 718, \u00a7 15.1-48.1; 1997, c. 587; 2004, c. 453; 2012, cc. 803, 835; 2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc. 196, 477, 478; 2022, c. 799.","full_text":"A\n\nIt shall be an unlawful employment practice for a constitutional officer:1\n\nTo fail or refuse to appoint or hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of appointment or employment, because of such individual’s race, color, religion, sex, age, marital status, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, national origin, or military status; or2\n\nTo limit, segregate, or classify his appointees, employees, or applicants for appointment or employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of the individual’s race, color, religion, sex, age, marital status, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, national origin, or military status.B\n\nNothing in this section shall be construed to make it an unlawful employment practice for a constitutional officer to hire or appoint an individual on the basis of his sex or age in those instances where sex or age is a bona fide occupational qualification reasonably necessary to the normal operation of that particular office. The provisions of this section shall not apply to policy-making positions, confidential or personal staff positions, or undercover positions.C\n\nWith regard to notices and advertisements:1\n\nEvery constitutional officer shall, prior to hiring any employee, advertise such employment position in a newspaper having general circulation or a state or local government job placement service in such constitutional officer’s locality except where the vacancy is to be used (i) as a placement opportunity for appointees or employees affected by layoff, (ii) as a transfer opportunity or demotion for an incumbent, (iii) to fill positions that have been advertised within the past 120 days, (iv) to fill positions to be filled by appointees or employees returning from leave with or without pay, (v) to fill temporary positions, temporary employees being those employees hired to work on special projects that have durations of three months or less, or (vi) to fill policy-making positions, confidential or personal staff positions, or special, sensitive law-enforcement positions normally regarded as undercover work.2\n\nNo constitutional officer shall print or publish or cause to be printed or published any notice or advertisement relating to employment by such constitutional officer indicating any preference, limitation, specification, or discrimination, based on sex or national origin, except that such notice or advertisement may indicate a preference, limitation, specification, or discrimination based on sex or age when sex or age is a bona fide occupational qualification for employment.D\n\nComplaints regarding violations of subsection A may be made to the Office of Civil Rights of the Department of Law. The Office shall have the authority to exercise its powers as provided in Article 4 (§ 2.2-520 et seq.) of Chapter 5 of Title 2.2.E\n\nAny constitutional officer who willfully violates the provisions of subsection C shall be subject to a civil penalty not to exceed $2,000.F\n\nAs used in this section:\n\t\t\t“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.\n\t\t\t“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.","order_by":null,"text":{"0":{"id":245186,"text":"It shall be an unlawful employment practice for a constitutional officer:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":245187,"text":"To fail or refuse to appoint or hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of appointment or employment, because of such individual’s race, color, religion, sex, age, marital status, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, national origin, or military status; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":245188,"text":"To limit, segregate, or classify his appointees, employees, or applicants for appointment or employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of the individual’s race, color, religion, sex, age, marital status, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, national origin, or military status.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":245189,"text":"Nothing in this section shall be construed to make it an unlawful employment practice for a constitutional officer to hire or appoint an individual on the basis of his sex or age in those instances where sex or age is a bona fide occupational qualification reasonably necessary to the normal operation of that particular office. The provisions of this section shall not apply to policy-making positions, confidential or personal staff positions, or undercover positions.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":245190,"text":"With regard to notices and advertisements:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"5":{"id":245191,"text":"Every constitutional officer shall, prior to hiring any employee, advertise such employment position in a newspaper having general circulation or a state or local government job placement service in such constitutional officer’s locality except where the vacancy is to be used (i) as a placement opportunity for appointees or employees affected by layoff, (ii) as a transfer opportunity or demotion for an incumbent, (iii) to fill positions that have been advertised within the past 120 days, (iv) to fill positions to be filled by appointees or employees returning from leave with or without pay, (v) to fill temporary positions, temporary employees being those employees hired to work on special projects that have durations of three months or less, or (vi) to fill policy-making positions, confidential or personal staff positions, or special, sensitive law-enforcement positions normally regarded as undercover work.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":245192,"text":"No constitutional officer shall print or publish or cause to be printed or published any notice or advertisement relating to employment by such constitutional officer indicating any preference, limitation, specification, or discrimination, based on sex or national origin, except that such notice or advertisement may indicate a preference, limitation, specification, or discrimination based on sex or age when sex or age is a bona fide occupational qualification for employment.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"7":{"id":245193,"text":"Complaints regarding violations of subsection A may be made to the Office of Civil Rights of the Department of Law. The Office shall have the authority to exercise its powers as provided in Article 4 (§ 2.2-520 et seq.) of Chapter 5 of Title 2.2.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"8":{"id":245194,"text":"Any constitutional officer who willfully violates the provisions of subsection C shall be subject to a civil penalty not to exceed $2,000.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":245195,"text":"As used in this section:\n\t\t\t“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.\n\t\t\t“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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14768,"edition_id":1,"name":"Local Constitutional Officers, Courthouses and Supplies","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12877,"metadata":{},"date_created":"2026-06-26 03:49:48","date_modified":"2026-06-26 03:49:48","permalink":{"id":153307,"object_type":"structure","relational_id":14768,"identifier":"1","token":"15.2\/II\/16\/1","url":"\/15.2\/II\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12877,"edition_id":1,"name":"Local Constitutional Officers, Courthouses and Supplies","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":153305,"object_type":"structure","relational_id":12877,"identifier":"16","token":"15.2\/II\/16","url":"\/15.2\/II\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65970,"structure_id":14768,"section_number":"15.2-1600","catch_line":"Counties and cities required to elect certain officers; qualifications of attorney for the Commonwealth; duties and compensation of officers; vacancies, certain counties and cities excepted; officer's powers not to be diminished","url":"\/15.2-1600\/","token":"15.2\/II\/16\/1\/15.2-1600","metadata":false},{"id":85670,"structure_id":14768,"section_number":"15.2-1601","catch_line":"Requirements for officers","url":"\/15.2-1601\/","token":"15.2\/II\/16\/1\/15.2-1601","metadata":false},{"id":78193,"structure_id":14768,"section_number":"15.2-1602","catch_line":"Sharing of such officers by two or more units of government","url":"\/15.2-1602\/","token":"15.2\/II\/16\/1\/15.2-1602","metadata":false},{"id":58488,"structure_id":14768,"section_number":"15.2-1603","catch_line":"Appointment of deputies; their powers; how removed","url":"\/15.2-1603\/","token":"15.2\/II\/16\/1\/15.2-1603","metadata":false},{"id":67681,"structure_id":14768,"section_number":"15.2-1604","catch_line":"Appointment of deputies and employment of employees; discriminatory practices by certain officers; civil penalty","url":"\/15.2-1604\/","token":"15.2\/II\/16\/1\/15.2-1604","metadata":false},{"id":56532,"structure_id":14768,"section_number":"15.2-1605","catch_line":"Vacations; sick leave and compensatory time for certain officers and employees","url":"\/15.2-1605\/","token":"15.2\/II\/16\/1\/15.2-1605","metadata":false},{"id":79797,"structure_id":14768,"section_number":"15.2-1605.1","catch_line":"Supplementing compensation of certain county and city officers and their employees","url":"\/15.2-1605.1\/","token":"15.2\/II\/16\/1\/15.2-1605.1","metadata":false},{"id":58472,"structure_id":14768,"section_number":"15.2-1605.2","catch_line":"Salary increases for constitutional officers","url":"\/15.2-1605.2\/","token":"15.2\/II\/16\/1\/15.2-1605.2","metadata":false},{"id":85524,"structure_id":14768,"section_number":"15.2-1606","catch_line":"Defense of constitutional officers; appointment of counsel","url":"\/15.2-1606\/","token":"15.2\/II\/16\/1\/15.2-1606","metadata":false},{"id":79074,"structure_id":14768,"section_number":"15.2-1607","catch_line":"Providing legal fees and expenses for sheriffs and deputies","url":"\/15.2-1607\/","token":"15.2\/II\/16\/1\/15.2-1607","metadata":false}],"previous_section":{"id":58488,"structure_id":14768,"section_number":"15.2-1603","catch_line":"Appointment of deputies; their powers; how removed","url":"\/15.2-1603\/","token":"15.2\/II\/16\/1\/15.2-1603","metadata":false},"next_section":{"id":56532,"structure_id":14768,"section_number":"15.2-1605","catch_line":"Vacations; sick leave and compensatory time for certain officers and employees","url":"\/15.2-1605\/","token":"15.2\/II\/16\/1\/15.2-1605","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1604\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 718 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 587<\/a>; in 2004, chapter 453<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2020, chapters 1137<\/a> and 1140<\/a>; in 2022, chapter 799<\/a>.<\/p>","references":false,"refers_to":[{"id":83736,"section_number":"2.2-520","catch_line":"Office of Civil Rights created; duties","order_by":null,"url":"\/2.2-520\/"}],"permalink":{"id":153325,"object_type":"law","relational_id":67681,"identifier":"15.2-1604","token":"15.2\/II\/16\/1\/15.2-1604","url":"\/15.2-1604\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1604\/","token":"15.2\/II\/16\/1\/15.2-1604","dublin_core":{"Title":"Appointment of deputies and employment of employees; discriminatory practices by certain officers; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be an unlawful employment practice for a constitutional officer<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To fail or refuse to appoint or hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges<\/span> of appointment or employment, because of such individual’s race, color, religion<\/span>, sex, age, marital status, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, national origin, or military status<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To limit, segregate, or classify his appointees, employees, or applicants for appointment or employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of the individual’s race, color, religion<\/span>, sex, age, marital status, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, national origin, or military status<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in this section shall be construed to make it an unlawful employment practice for a constitutional officer<\/span> to hire or appoint an individual on the basis of his sex or age in those instances where sex or age is a bona fide occupational qualification reasonably necessary to the normal operation of that particular office. The provisions of this section shall not apply to policy-making positions, confidential or personal staff positions, or undercover positions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> With regard to notices and advertisements: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Every constitutional officer<\/span> shall, prior to hiring any employee, advertise such employment position in a newspaper having general circulation or a state or local government<\/span> job placement service in such constitutional officer<\/span>’s locality<\/span> except where the vacancy is to be used (i) as a placement opportunity for appointees or employees affected by layoff, (ii) as a transfer opportunity or demotion for an incumbent, (iii) to fill positions that have been advertised within the past 120 days, (iv) to fill positions to be filled by appointees or employees returning from leave with or without pay, (v) to fill temporary positions, temporary employees being those employees hired to work on special projects that have durations of three months or less, or (vi) to fill policy-making positions, confidential or personal staff positions, or special, sensitive law<\/span>-enforcement positions normally regarded as undercover work. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> No constitutional officer<\/span> shall print or publish or cause to be printed or published any notice or advertisement relating to employment by such constitutional officer<\/span> indicating any preference, limitation, specification, or discrimination, based on sex or national origin, except that such notice or advertisement may indicate a preference, limitation, specification, or discrimination based on sex or age when sex or age is a bona fide occupational qualification for employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Complaints regarding violations of subsection A may be made to the Office of Civil Rights of the Department of Law<\/span>. The Office shall have the authority to exercise its powers as provided in Article 4 (§ 2.2-520<\/a> et seq.) of Chapter 5 of Title 2.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any constitutional officer<\/span> who willfully violates the provisions of subsection C shall be subject to a civil penalty<\/span> not to exceed $2,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> As used in this section:\n\t\t\t“Military status<\/span>” 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.\n\t\t\t“Religion<\/span>” 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF DEPUTIES AND EMPLOYMENT OF EMPLOYEES; DISCRIMINATORY PRACTICES BY\nCERTAIN OFFICERS; CIVIL PENALTY (\u00a7 15.2-1604)\n\nA. It shall be an unlawful employment practice for a constitutional officer:\n\n 1. To fail or refuse to appoint or hire or to discharge any individual, or\n otherwise to discriminate against any individual with respect to his\n compensation, terms, conditions, or privileges of appointment or employment,\n because of such individual’s race, color, religion, sex, age, marital\n status, pregnancy, childbirth or related medical conditions, sexual\n orientation, gender identity, national origin, or military status; or\n\n 2. To limit, segregate, or classify his appointees, employees, or applicants\n for appointment or employment in any way that would deprive or tend to deprive\n any individual of employment opportunities or otherwise adversely affect his\n status as an employee, because of the individual’s race, color,\n religion, sex, age, marital status, pregnancy, childbirth or related medical\n conditions, sexual orientation, gender identity, national origin, or military\n status.\n\nB. Nothing in this section shall be construed to make it an unlawful employment\npractice for a constitutional officer to hire or appoint an individual on the\nbasis of his sex or age in those instances where sex or age is a bona fide\noccupational qualification reasonably necessary to the normal operation of that\nparticular office. The provisions of this section shall not apply to\npolicy-making positions, confidential or personal staff positions, or undercover\npositions.\n\nC. With regard to notices and advertisements:\n\n 1. Every constitutional officer shall, prior to hiring any employee, advertise\n such employment position in a newspaper having general circulation or a state\n or local government job placement service in such constitutional\n officer’s locality except where the vacancy is to be used (i) as a\n placement opportunity for appointees or employees affected by layoff, (ii) as\n a transfer opportunity or demotion for an incumbent, (iii) to fill positions\n that have been advertised within the past 120 days, (iv) to fill positions to\n be filled by appointees or employees returning from leave with or without pay,\n (v) to fill temporary positions, temporary employees being those employees\n hired to work on special projects that have durations of three months or less,\n or (vi) to fill policy-making positions, confidential or personal staff\n positions, or special, sensitive law-enforcement positions normally regarded\n as undercover work.\n\n 2. No constitutional officer shall print or publish or cause to be printed or\n published any notice or advertisement relating to employment by such\n constitutional officer indicating any preference, limitation, specification,\n or discrimination, based on sex or national origin, except that such notice or\n advertisement may indicate a preference, limitation, specification, or\n discrimination based on sex or age when sex or age is a bona fide occupational\n qualification for employment.\n\nD. Complaints regarding violations of subsection A may be made to the Office of\nCivil Rights of the Department of Law. The Office shall have the authority to\nexercise its powers as provided in Article 4 (§ 2.2-520 et seq.) of Chapter\n5 of Title 2.2.\n\nE. Any constitutional officer who willfully violates the provisions of\nsubsection C shall be subject to a civil penalty not to exceed $2,000.\n\nF. As used in this section:\n\t\t\t“Military status” means status as (i) a member of the uniformed\nforces, as defined in 10 U.S.C. § 101(a)(5), of the United States or a\nreserve component thereof named under 10 U.S.C. § 10101, (ii) a veteran as\ndefined in 38 U.S.C. § 101(2), or (iii) a dependent as defined in 50 U.S.C.\n§ 3911(4) except that the support provided by the service member to the\nindividual shall have been provided 180 days immediately preceding an alleged\naction that if proven true would constitute unlawful discrimination under this\nsection instead of 180 days immediately preceding an application for relief\nunder 50 U.S.C. Chapter 50.\n\t\t\t“Religion” includes any outward expression of religious faith,\nincluding adherence to religious dressing and grooming practices and the\ncarrying or display of religious items or symbols.\n\nHISTORY: 1989, c. 718, \u00a7 15.1-48.1; 1997, c. 587; 2004, c. 453; 2012, cc. 803,\n835; 2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc. 196, 477, 478; 2022, c. 799.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}