{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3905.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3905.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3905.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3905.html"}],"law_id":67660,"edition_id":1,"section_id":67660,"structure_id":14485,"section_number":"2.2-3905","catch_line":"Nondiscrimination in employment; definitions; exceptions","history":"2020, c. 1140; 2021, Sp. Sess. I, cc. 12, 477, 478, 506, 513; 2023, cc. 624, 625; 2024, cc. 266, 334.","full_text":"A\n\nAs used in this section:\n\t\t\t“Age” means being an individual who is at least 40 years of age.\n\t\t\t“Domestic worker” means an individual who is compensated directly or indirectly for the performance of services of a household nature performed in or about a private home, including services performed by individuals such as companions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home health aides, personal care aides, and chauffeurs of automobiles for family use. “Domestic worker” does not include (i) a family member, friend, or neighbor of a child, or a parent of a child, who provides child care in the child’s home; (ii) any child day program as defined in § 22.1-289.02 or an individual who is an employee of a child day program; or (iii) any employee employed on a casual basis in domestic service employment to provide companionship services for individuals who, because of age or infirmity, are unable to care for themselves.\n\t\t\t“Employee” means an individual employed by an employer.\n\t\t\t“Employer” means a person employing (i) 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person or (ii) one or more domestic workers. However, (a) for purposes of unlawful discharge under subdivision B 1 on the basis of race, color, religion, ethnic or national origin, military status, sex, sexual orientation, gender identity, marital status, disability, pregnancy, or childbirth or related medical conditions including lactation, “employer” means any person employing more than five persons or one or more domestic workers and (b) for purposes of unlawful discharge under subdivision B 1 on the basis of age, “employer” means any employer employing more than five but fewer than 20 persons.\n\t\t\t“Employment agency” means any person, or an agent of such person, regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer.\n\t\t\t“Joint apprenticeship committee” means the same as that term is defined in § 2.2-2043.\n\t\t\t“Labor organization” means an organization engaged in an industry, or an agent of such organization, that exists for the purpose, in whole or in part, of dealing with employers on behalf of employees concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment. “Labor organization” includes employee representation committees, groups, or associations in which employees participate.\n\t\t\t“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.B\n\nIt is an unlawful discriminatory practice for:1\n\nAn employer to:\n\t\t\t\ta. Fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to such individual’s compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, military status, disability, or ethnic or national origin; or\n\t\t\t\tb. Limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect an individual’s status as an employee, because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, military status, disability, or ethnic or national origin.2\n\nAn employment agency to:\n\t\t\t\ta. Fail or refuse to refer for employment, or otherwise discriminate against, any individual because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin; or\n\t\t\t\tb. Classify or refer for employment any individual on the basis of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin.3\n\nA labor organization to:\n\t\t\t\ta. Exclude or expel from its membership, or otherwise discriminate against, any individual because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin;\n\t\t\t\tb. Limit, segregate, or classify its membership or applicants for membership, or classify or fail to or refuse to refer for employment any individual, in any way that would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect an individual’s status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin; or\n\t\t\t\tc. Cause or attempt to cause an employer to discriminate against an individual in violation of subdivisions a or b.4\n\nAn employer, labor organization, or joint apprenticeship committee to discriminate against any individual in any program to provide apprenticeship or other training program on the basis of such individual’s race, color, religion, sex, sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin.5\n\nAn employer, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin.6\n\nExcept as otherwise provided in this chapter, an employer to use race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin as a motivating factor for any employment practice, even though other factors also motivate the practice.7\n\n(i) An employer to discriminate against any employees or applicants for employment, (ii) an employment agency or a joint apprenticeship committee controlling an apprenticeship or other training program to discriminate against any individual, or (iii) a labor organization to discriminate against any member thereof or applicant for membership because such individual has opposed any practice made an unlawful discriminatory practice by this chapter or because such individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.8\n\nAn employer, labor organization, employment agency, or joint apprenticeship committee controlling an apprenticeship or other training program to print or publish, or cause to be printed or published, any notice or advertisement relating to (i) employment by such an employer, (ii) membership in or any classification or referral for employment by such a labor organization, (iii) any classification or referral for employment by such an employment agency, or (iv) admission to, or employment in, any program established to provide apprenticeship or other training by such a joint apprenticeship committee that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, or ethnic or national origin when religion, sex, age, or ethnic or national origin is a bona fide occupational qualification for employment.C\n\nNotwithstanding any other provision of this chapter, it is not an unlawful discriminatory practice:1\n\nFor (i) an employer to hire and employ employees; (ii) an employment agency to classify, or refer for employment, any individual; (iii) a labor organization to classify its membership or to classify or refer for employment any individual; or (iv) an employer, labor organization, or joint apprenticeship committee to admit or employ any individual in any apprenticeship or other training program on the basis of such individual’s religion, sex, or age in those certain instances where religion, sex, or age is a bona fide occupational qualification reasonably necessary to the normal operation of that particular employer, employment agency, labor organization, or joint apprenticeship committee;2\n\nFor an elementary or secondary school or institution of higher education to hire and employ employees of a particular religion if such elementary or secondary school or institution of higher education is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such elementary or secondary school or institution of higher education is directed toward the propagation of a particular religion;3\n\nFor an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment, pursuant to a bona fide seniority or merit system, or a system that measures earnings by quantity or quality of production, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin;4\n\nFor an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or an action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin;5\n\nFor an employer to provide reasonable accommodations related to disability, pregnancy, childbirth or related medical conditions, and lactation, when such accommodations are requested by the employee; or6\n\nFor an employer to condition employment or premises access based upon citizenship where the employer is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute or regulation of the federal government or any executive order of the President of the United States.D\n\nNothing in this chapter shall be construed to require any employer, employment agency, labor organization, or joint apprenticeship committee to grant preferential treatment to any individual or to any group because of such individual’s or group’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin on account of an imbalance that may exist with respect to the total number or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin in any community.E\n\nThe provisions of this section shall not apply to the employment of individuals of a particular religion by a religious corporation, association, educational institution, or society to perform work associated with its activities.","order_by":null,"text":{"0":{"id":245120,"text":"As used in this section:\n\t\t\t“Age” means being an individual who is at least 40 years of age.\n\t\t\t“Domestic worker” means an individual who is compensated directly or indirectly for the performance of services of a household nature performed in or about a private home, including services performed by individuals such as companions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home health aides, personal care aides, and chauffeurs of automobiles for family use. “Domestic worker” does not include (i) a family member, friend, or neighbor of a child, or a parent of a child, who provides child care in the child’s home; (ii) any child day program as defined in § 22.1-289.02 or an individual who is an employee of a child day program; or (iii) any employee employed on a casual basis in domestic service employment to provide companionship services for individuals who, because of age or infirmity, are unable to care for themselves.\n\t\t\t“Employee” means an individual employed by an employer.\n\t\t\t“Employer” means a person employing (i) 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person or (ii) one or more domestic workers. However, (a) for purposes of unlawful discharge under subdivision B 1 on the basis of race, color, religion, ethnic or national origin, military status, sex, sexual orientation, gender identity, marital status, disability, pregnancy, or childbirth or related medical conditions including lactation, “employer” means any person employing more than five persons or one or more domestic workers and (b) for purposes of unlawful discharge under subdivision B 1 on the basis of age, “employer” means any employer employing more than five but fewer than 20 persons.\n\t\t\t“Employment agency” means any person, or an agent of such person, regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer.\n\t\t\t“Joint apprenticeship committee” means the same as that term is defined in § 2.2-2043.\n\t\t\t“Labor organization” means an organization engaged in an industry, or an agent of such organization, that exists for the purpose, in whole or in part, of dealing with employers on behalf of employees concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment. “Labor organization” includes employee representation committees, groups, or associations in which employees participate.\n\t\t\t“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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":245121,"text":"It is an unlawful discriminatory practice for:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":245122,"text":"An employer to:\n\t\t\t\ta. Fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to such individual’s compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, military status, disability, or ethnic or national origin; or\n\t\t\t\tb. Limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect an individual’s status as an employee, because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, military status, disability, or ethnic or national origin.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":245123,"text":"An employment agency to:\n\t\t\t\ta. Fail or refuse to refer for employment, or otherwise discriminate against, any individual because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin; or\n\t\t\t\tb. Classify or refer for employment any individual on the basis of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":245124,"text":"A labor organization to:\n\t\t\t\ta. Exclude or expel from its membership, or otherwise discriminate against, any individual because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin;\n\t\t\t\tb. Limit, segregate, or classify its membership or applicants for membership, or classify or fail to or refuse to refer for employment any individual, in any way that would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect an individual’s status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin; or\n\t\t\t\tc. Cause or attempt to cause an employer to discriminate against an individual in violation of subdivisions a or b.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":245125,"text":"An employer, labor organization, or joint apprenticeship committee to discriminate against any individual in any program to provide apprenticeship or other training program on the basis of such individual’s race, color, religion, sex, sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":245126,"text":"An employer, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":245127,"text":"Except as otherwise provided in this chapter, an employer to use race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin as a motivating factor for any employment practice, even though other factors also motivate the practice.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":245128,"text":"(i) An employer to discriminate against any employees or applicants for employment, (ii) an employment agency or a joint apprenticeship committee controlling an apprenticeship or other training program to discriminate against any individual, or (iii) a labor organization to discriminate against any member thereof or applicant for membership because such individual has opposed any practice made an unlawful discriminatory practice by this chapter or because such individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":245129,"text":"An employer, labor organization, employment agency, or joint apprenticeship committee controlling an apprenticeship or other training program to print or publish, or cause to be printed or published, any notice or advertisement relating to (i) employment by such an employer, (ii) membership in or any classification or referral for employment by such a labor organization, (iii) any classification or referral for employment by such an employment agency, or (iv) admission to, or employment in, any program established to provide apprenticeship or other training by such a joint apprenticeship committee that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, or ethnic or national origin when religion, sex, age, or ethnic or national origin is a bona fide occupational qualification for employment.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"C"},"10":{"id":245130,"text":"Notwithstanding any other provision of this chapter, it is not an unlawful discriminatory practice:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B8","next_prefix":"C1"},"11":{"id":245131,"text":"For (i) an employer to hire and employ employees; (ii) an employment agency to classify, or refer for employment, any individual; (iii) a labor organization to classify its membership or to classify or refer for employment any individual; or (iv) an employer, labor organization, or joint apprenticeship committee to admit or employ any individual in any apprenticeship or other training program on the basis of such individual’s religion, sex, or age in those certain instances where religion, sex, or age is a bona fide occupational qualification reasonably necessary to the normal operation of that particular employer, employment agency, labor organization, or joint apprenticeship committee;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"12":{"id":245132,"text":"For an elementary or secondary school or institution of higher education to hire and employ employees of a particular religion if such elementary or secondary school or institution of higher education is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such elementary or secondary school or institution of higher education is directed toward the propagation of a particular religion;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"13":{"id":245133,"text":"For an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment, pursuant to a bona fide seniority or merit system, or a system that measures earnings by quantity or quality of production, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"14":{"id":245134,"text":"For an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or an action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"15":{"id":245135,"text":"For an employer to provide reasonable accommodations related to disability, pregnancy, childbirth or related medical conditions, and lactation, when such accommodations are requested by the employee; or","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"16":{"id":245136,"text":"For an employer to condition employment or premises access based upon citizenship where the employer is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute or regulation of the federal government or any executive order of the President of the United States.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"D"},"17":{"id":245137,"text":"Nothing in this chapter shall be construed to require any employer, employment agency, labor organization, or joint apprenticeship committee to grant preferential treatment to any individual or to any group because of such individual’s or group’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin on account of an imbalance that may exist with respect to the total number or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin in any community.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C6","next_prefix":"E"},"18":{"id":245138,"text":"The provisions of this section shall not apply to the employment of individuals of a particular religion by a religious corporation, association, educational institution, or society to perform work associated with its activities.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14485,"edition_id":1,"name":"Virginia Human Rights Act","identifier":"39","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:48:18","date_modified":"2026-06-26 03:48:18","permalink":{"id":176671,"object_type":"structure","relational_id":14485,"identifier":"39","token":"2.2\/II\/B\/39","url":"\/2.2\/II\/B\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68757,"structure_id":14485,"section_number":"2.2-3900","catch_line":"Short title; declaration of policy","url":"\/2.2-3900\/","token":"2.2\/II\/B\/39\/2.2-3900","metadata":false},{"id":86168,"structure_id":14485,"section_number":"2.2-3901","catch_line":"Definitions","url":"\/2.2-3901\/","token":"2.2\/II\/B\/39\/2.2-3901","metadata":false},{"id":57422,"structure_id":14485,"section_number":"2.2-3902","catch_line":"Construction of chapter; other programs to aid persons with disabilities, minors, and the elderly","url":"\/2.2-3902\/","token":"2.2\/II\/B\/39\/2.2-3902","metadata":false},{"id":69120,"structure_id":14485,"section_number":"2.2-3903","catch_line":"Repealed","url":"\/2.2-3903\/","token":"2.2\/II\/B\/39\/2.2-3903","metadata":false},{"id":83248,"structure_id":14485,"section_number":"2.2-3904","catch_line":"Nondiscrimination in places of public accommodation; definitions","url":"\/2.2-3904\/","token":"2.2\/II\/B\/39\/2.2-3904","metadata":false},{"id":67660,"structure_id":14485,"section_number":"2.2-3905","catch_line":"Nondiscrimination in employment; definitions; 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definitions","url":"\/2.2-3904\/","token":"2.2\/II\/B\/39\/2.2-3904","metadata":false},"next_section":{"id":59581,"structure_id":14485,"section_number":"2.2-3905.1","catch_line":"Reasonable accommodations for persons with disabilities; unlawful discriminatory practice; notice of rights","url":"\/2.2-3905.1\/","token":"2.2\/II\/B\/39\/2.2-3905.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3905\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 1140<\/a> 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. It has been modified 2 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 2023, chapters 624<\/a> and 625<\/a>; in 2024, chapters 266<\/a> and 334<\/a>.<\/p>","references":[{"id":66874,"section_number":"2.2-3909","catch_line":"Causes of action for failure to provide reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions","order_by":null,"url":"\/2.2-3909\/"}],"refers_to":[{"id":60798,"section_number":"2.2-2043","catch_line":"Definitions","order_by":null,"url":"\/2.2-2043\/"},{"id":83341,"section_number":"22.1-289.02","catch_line":"Definitions","order_by":null,"url":"\/22.1-289.02\/"}],"permalink":{"id":176693,"object_type":"law","relational_id":67660,"identifier":"2.2-3905","token":"2.2\/II\/B\/39\/2.2-3905","url":"\/2.2-3905\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3905\/","token":"2.2\/II\/B\/39\/2.2-3905","dublin_core":{"Title":"Nondiscrimination in employment; definitions; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3905","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Age<\/span>” means being an individual who is at least 40 years of age<\/span>.\n\t\t\t“Domestic worker<\/span>” means an individual who is compensated directly or indirectly for the performance of services of a household nature performed in or about a private home, including services performed by individuals such as companions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home health aides, personal care aides, and chauffeurs of automobiles for family use. “Domestic worker<\/span>” does not include (i) a family member, friend, or neighbor of a child, or a parent of a child, who provides child care in the child’s home; (ii) any child day program as defined in § 22.1-289.02<\/a> or an individual who is an employee<\/span> of a child day program; or (iii) any employee<\/span> employed on a casual basis in domestic service employment to provide companionship services for individuals who, because of age<\/span> or infirmity, are unable to care for themselves.\n\t\t\t“Employee<\/span>” means an individual employed by an employer<\/span>.\n\t\t\t“Employer<\/span>” means a person employing (i) 15 or more employees<\/span> for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person or (ii) one or more domestic workers<\/span>. However, (a) for purposes of unlawful discharge under subdivision B 1 on the basis of race, color, religion, ethnic or national origin, military status, sex, sexual orientation, gender identity, marital status, disability, pregnancy, or childbirth or related medical conditions including lactation<\/span>, “employer<\/span>” means any person employing more than five persons or one or more domestic workers<\/span> and (b) for purposes of unlawful discharge under subdivision B 1 on the basis of age<\/span>, “employer<\/span>” means any employer<\/span> employing more than five but fewer than 20 persons.\n\t\t\t“Employment agency<\/span>” means any person, or an agent of such person, regularly undertaking with or without compensation to procure employees<\/span> for an employer<\/span> or to procure for employees<\/span> opportunities to work for an employer<\/span>.\n\t\t\t“Joint apprenticeship committee<\/span>” means the same as that term is defined in § 2.2-2043<\/a>.\n\t\t\t“Labor organization<\/span>” means an organization engaged in an industry, or an agent of such organization, that exists for the purpose, in whole or in part, of dealing with employers<\/span> on behalf of employees<\/span> concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment. “Labor organization<\/span>” includes employee<\/span> representation committees, groups, or associations in which employees<\/span> participate.\n\t\t\t“Lactation<\/span>” means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> It is an unlawful discriminatory practice for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An employer<\/span> to:\n\t\t\t\ta. Fail or refuse to hire, discharge, or otherwise discriminate against any individual with respect to such individual’s compensation, terms, conditions, or privileges<\/span> of employment because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation<\/span>, age<\/span>, military status, disability, or ethnic or national origin; or\n\t\t\t\tb. Limit, segregate, or classify employees<\/span> or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect an individual’s status as an employee<\/span>, because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation<\/span>, age<\/span>, military status, disability, or ethnic or national origin. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An employment agency<\/span> to:\n\t\t\t\ta. Fail or refuse to refer for employment, or otherwise discriminate against, any individual because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin; or\n\t\t\t\tb. Classify or refer for employment any individual on the basis of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A labor organization<\/span> to:\n\t\t\t\ta. Exclude or expel from its membership, or otherwise discriminate against, any individual because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin;\n\t\t\t\tb. Limit, segregate, or classify its membership or applicants for membership, or classify or fail to or refuse to refer for employment any individual, in any way that would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect an individual’s status as an employee<\/span> or as an applicant for employment, because of such individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin; or\n\t\t\t\tc. Cause or attempt to cause an employer<\/span> to discriminate against an individual in violation of subdivisions a or b. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An employer<\/span>, labor organization<\/span>, or joint apprenticeship committee<\/span> to discriminate against any individual in any program to provide apprenticeship or other training program on the basis of such individual’s race, color, religion, sex, sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An employer<\/span>, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Except as otherwise provided in this chapter, an employer<\/span> to use race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin as a motivating factor for any employment practice, even though other factors also motivate the practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> (i) An employer<\/span> to discriminate against any employees<\/span> or applicants for employment, (ii) an employment agency<\/span> or a joint apprenticeship committee<\/span> controlling an apprenticeship or other training program to discriminate against any individual, or (iii) a labor organization<\/span> to discriminate against any member thereof or applicant for membership because such individual has opposed any practice made an unlawful discriminatory practice by this chapter or because such individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing<\/span> under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> An employer<\/span>, labor organization<\/span>, employment agency<\/span>, or joint apprenticeship committee<\/span> controlling an apprenticeship or other training program to print or publish, or cause to be printed or published, any notice or advertisement relating to (i) employment by such an employer<\/span>, (ii) membership in or any classification or referral for employment by such a labor organization<\/span>, (iii) any classification or referral for employment by such an employment agency<\/span>, or (iv) admission to, or employment in, any program established to provide apprenticeship or other training by such a joint apprenticeship committee<\/span> that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age<\/span>, or ethnic or national origin when religion, sex, age<\/span>, or ethnic or national origin is a bona fide occupational qualification for employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other provision of this chapter, it is not an unlawful discriminatory practice: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For (i) an employer<\/span> to hire and employ employees<\/span>; (ii) an employment agency<\/span> to classify, or refer for employment, any individual; (iii) a labor organization<\/span> to classify its membership or to classify or refer for employment any individual; or (iv) an employer<\/span>, labor organization<\/span>, or joint apprenticeship committee<\/span> to admit or employ any individual in any apprenticeship or other training program on the basis of such individual’s religion, sex, or age<\/span> in those certain instances where religion, sex, or age<\/span> is a bona fide occupational qualification reasonably necessary to the normal operation of that particular employer<\/span>, employment agency<\/span>, labor organization<\/span>, or joint apprenticeship committee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For an elementary or secondary school or institution of higher education to hire and employ employees<\/span> of a particular religion if such elementary or secondary school or institution of higher education is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such elementary or secondary school or institution of higher education is directed toward the propagation of a particular religion; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For an employer<\/span> to apply different standards of compensation, or different terms, conditions, or privileges<\/span> of employment, pursuant to a bona fide seniority or merit system, or a system that measures earnings by quantity or quality of production, or to employees<\/span> who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For an employer<\/span> to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or an action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> For an employer<\/span> to provide reasonable accommodations related to disability, pregnancy, childbirth or related medical conditions, and lactation<\/span>, when such accommodations are requested by the employee<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> For an employer<\/span> to condition employment or premises access based upon citizenship where the employer<\/span> is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute<\/span> or regulation of the federal government or any executive order<\/span> of the President of the United States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this chapter shall be construed to require any employer<\/span>, employment agency<\/span>, labor organization<\/span>, or joint apprenticeship committee<\/span> to grant preferential treatment to any individual or to any group because of such individual’s or group’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin on account of an imbalance that may exist with respect to the total number or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin employed by any employer<\/span>, referred or classified for employment by any employment agency<\/span> or labor organization<\/span>, admitted to membership or classified by any labor organization<\/span>, or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age<\/span>, military status, disability, or ethnic or national origin in any community. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not apply to the employment of individuals of a particular religion by a religious corporation, association, educational institution, or society to perform work associated with its activities. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONDISCRIMINATION IN EMPLOYMENT; DEFINITIONS; EXCEPTIONS (\u00a7 2.2-3905)\n\nA. As used in this section:\n\t\t\t“Age” means being an individual who is at least 40 years of age.\n\t\t\t“Domestic worker” means an individual who is compensated directly\nor indirectly for the performance of services of a household nature performed in\nor about a private home, including services performed by individuals such as\ncompanions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers,\nnannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home\nhealth aides, personal care aides, and chauffeurs of automobiles for family use.\n“Domestic worker” does not include (i) a family member, friend, or\nneighbor of a child, or a parent of a child, who provides child care in the\nchild’s home; (ii) any child day program as defined in § 22.1-289.02\nor an individual who is an employee of a child day program; or (iii) any\nemployee employed on a casual basis in domestic service employment to provide\ncompanionship services for individuals who, because of age or infirmity, are\nunable to care for themselves.\n\t\t\t“Employee” means an individual employed by an employer.\n\t\t\t“Employer” means a person employing (i) 15 or more employees for\neach working day in each of 20 or more calendar weeks in the current or\npreceding calendar year, and any agent of such a person or (ii) one or more\ndomestic workers. However, (a) for purposes of unlawful discharge under\nsubdivision B 1 on the basis of race, color, religion, ethnic or national\norigin, military status, sex, sexual orientation, gender identity, marital\nstatus, disability, pregnancy, or childbirth or related medical conditions\nincluding lactation, “employer” means any person employing more than\nfive persons or one or more domestic workers and (b) for purposes of unlawful\ndischarge under subdivision B 1 on the basis of age, “employer”\nmeans any employer employing more than five but fewer than 20 persons.\n\t\t\t“Employment agency” means any person, or an agent of such person,\nregularly undertaking with or without compensation to procure employees for an\nemployer or to procure for employees opportunities to work for an employer.\n\t\t\t“Joint apprenticeship committee” means the same as that term is\ndefined in § 2.2-2043.\n\t\t\t“Labor organization” means an organization engaged in an\nindustry, or an agent of such organization, that exists for the purpose, in\nwhole or in part, of dealing with employers on behalf of employees concerning\ngrievances, labor disputes, wages, rates of pay, hours, or other terms or\nconditions of employment. “Labor organization” includes employee\nrepresentation committees, groups, or associations in which employees\nparticipate.\n\t\t\t“Lactation” means a condition that may result in the feeding of a\nchild directly from the breast or the expressing of milk from the breast.\n\nB. It is an unlawful discriminatory practice for:\n\n 1. An employer to:\n \t\t\t\ta. Fail or refuse to hire, discharge, or otherwise discriminate against\n any individual with respect to such individual’s compensation, terms,\n conditions, or privileges of employment because of such individual’s\n race, color, religion, sex, sexual orientation, gender identity, marital\n status, pregnancy, childbirth or related medical conditions including\n lactation, age, military status, disability, or ethnic or national origin; or\n \t\t\t\tb. Limit, segregate, or classify employees or applicants for employment in\n any way that would deprive or tend to deprive any individual of employment\n opportunities or otherwise adversely affect an individual’s status as an\n employee, because of such individual’s race, color, religion, sex,\n sexual orientation, gender identity, marital status, pregnancy, childbirth or\n related medical conditions including lactation, age, military status,\n disability, or ethnic or national origin.\n\n 2. An employment agency to:\n \t\t\t\ta. Fail or refuse to refer for employment, or otherwise discriminate\n against, any individual because of such individual’s race, color,\n religion, sex, sexual orientation, gender identity, marital status, pregnancy,\n childbirth or related medical conditions, age, military status, disability, or\n ethnic or national origin; or\n \t\t\t\tb. Classify or refer for employment any individual on the basis of such\n individual’s race, color, religion, sex, sexual orientation, gender\n identity, marital status, pregnancy, childbirth or related medical conditions,\n age, military status, disability, or ethnic or national origin.\n\n 3. A labor organization to:\n \t\t\t\ta. Exclude or expel from its membership, or otherwise discriminate\n against, any individual because of such individual’s race, color,\n religion, sex, sexual orientation, gender identity, marital status, pregnancy,\n childbirth or related medical conditions, age, military status, disability, or\n ethnic or national origin;\n \t\t\t\tb. Limit, segregate, or classify its membership or applicants for\n membership, or classify or fail to or refuse to refer for employment any\n individual, in any way that would deprive or tend to deprive such individual\n of employment opportunities, or would limit such employment opportunities or\n otherwise adversely affect an individual’s status as an employee or as\n an applicant for employment, because of such individual’s race, color,\n religion, sex, sexual orientation, gender identity, marital status, pregnancy,\n childbirth or related medical conditions, age, military status, disability, or\n ethnic or national origin; or\n \t\t\t\tc. Cause or attempt to cause an employer to discriminate against an\n individual in violation of subdivisions a or b.\n\n 4. An employer, labor organization, or joint apprenticeship committee to\n discriminate against any individual in any program to provide apprenticeship\n or other training program on the basis of such individual’s race, color,\n religion, sex, sexual orientation, gender identity, pregnancy, childbirth or\n related medical conditions, age, military status, disability, or ethnic or\n national origin.\n\n 5. An employer, in connection with the selection or referral of applicants or\n candidates for employment or promotion, to adjust the scores of, use different\n cutoff scores for, or otherwise alter the results of employment-related tests\n on the basis of race, color, religion, sex, sexual orientation, gender\n identity, marital status, pregnancy, childbirth or related medical conditions,\n age, military status, disability, or ethnic or national origin.\n\n 6. Except as otherwise provided in this chapter, an employer to use race,\n color, religion, sex, sexual orientation, gender identity, marital status,\n pregnancy, childbirth or related medical conditions, age, military status,\n disability, or ethnic or national origin as a motivating factor for any\n employment practice, even though other factors also motivate the practice.\n\n 7. (i) An employer to discriminate against any employees or applicants for\n employment, (ii) an employment agency or a joint apprenticeship committee\n controlling an apprenticeship or other training program to discriminate\n against any individual, or (iii) a labor organization to discriminate against\n any member thereof or applicant for membership because such individual has\n opposed any practice made an unlawful discriminatory practice by this chapter\n or because such individual has made a charge, testified, assisted, or\n participated in any manner in an investigation, proceeding, or hearing under\n this chapter.\n\n 8. An employer, labor organization, employment agency, or joint apprenticeship\n committee controlling an apprenticeship or other training program to print or\n publish, or cause to be printed or published, any notice or advertisement\n relating to (i) employment by such an employer, (ii) membership in or any\n classification or referral for employment by such a labor organization, (iii)\n any classification or referral for employment by such an employment agency, or\n (iv) admission to, or employment in, any program established to provide\n apprenticeship or other training by such a joint apprenticeship committee that\n indicates any preference, limitation, specification, or discrimination based\n on race, color, religion, sex, sexual orientation, gender identity, marital\n status, pregnancy, childbirth or related medical conditions, age, military\n status, disability, or ethnic or national origin, except that such a notice or\n advertisement may indicate a preference, limitation, specification, or\n discrimination based on religion, sex, age, or ethnic or national origin when\n religion, sex, age, or ethnic or national origin is a bona fide occupational\n qualification for employment.\n\nC. Notwithstanding any other provision of this chapter, it is not an unlawful\ndiscriminatory practice:\n\n 1. For (i) an employer to hire and employ employees; (ii) an employment agency\n to classify, or refer for employment, any individual; (iii) a labor\n organization to classify its membership or to classify or refer for employment\n any individual; or (iv) an employer, labor organization, or joint\n apprenticeship committee to admit or employ any individual in any\n apprenticeship or other training program on the basis of such\n individual’s religion, sex, or age in those certain instances where\n religion, sex, or age is a bona fide occupational qualification reasonably\n necessary to the normal operation of that particular employer, employment\n agency, labor organization, or joint apprenticeship committee;\n\n 2. For an elementary or secondary school or institution of higher education to\n hire and employ employees of a particular religion if such elementary or\n secondary school or institution of higher education is, in whole or in\n substantial part, owned, supported, controlled, or managed by a particular\n religion or by a particular religious corporation, association, or society or\n if the curriculum of such elementary or secondary school or institution of\n higher education is directed toward the propagation of a particular religion;\n\n 3. For an employer to apply different standards of compensation, or different\n terms, conditions, or privileges of employment, pursuant to a bona fide\n seniority or merit system, or a system that measures earnings by quantity or\n quality of production, or to employees who work in different locations,\n provided that such differences are not the result of an intention to\n discriminate because of race, color, religion, sex, sexual orientation, gender\n identity, marital status, pregnancy, childbirth or related medical conditions,\n age, military status, disability, or ethnic or national origin;\n\n 4. For an employer to give and to act upon the results of any professionally\n developed ability test, provided that such test, its administration, or an\n action upon the results is not designed, intended, or used to discriminate\n because of race, color, religion, sex, sexual orientation, gender identity,\n marital status, pregnancy, childbirth or related medical conditions, age,\n military status, disability, or ethnic or national origin;\n\n 5. For an employer to provide reasonable accommodations related to disability,\n pregnancy, childbirth or related medical conditions, and lactation, when such\n accommodations are requested by the employee; or\n\n 6. For an employer to condition employment or premises access based upon\n citizenship where the employer is subject to any requirement imposed in the\n interest of the national security of the United States under any security\n program in effect pursuant to or administered under any statute or regulation\n of the federal government or any executive order of the President of the\n United States.\n\nD. Nothing in this chapter shall be construed to require any employer,\nemployment agency, labor organization, or joint apprenticeship committee to\ngrant preferential treatment to any individual or to any group because of such\nindividual’s or group’s race, color, religion, sex, sexual\norientation, gender identity, marital status, pregnancy, childbirth or related\nmedical conditions, age, military status, disability, or ethnic or national\norigin on account of an imbalance that may exist with respect to the total\nnumber or percentage of persons of any race, color, religion, sex, sexual\norientation, gender identity, marital status, pregnancy, childbirth or related\nmedical conditions, age, military status, disability, or ethnic or national\norigin employed by any employer, referred or classified for employment by any\nemployment agency or labor organization, admitted to membership or classified by\nany labor organization, or admitted to or employed in any apprenticeship or\nother training program, in comparison with the total number or percentage of\npersons of such race, color, religion, sex, sexual orientation, gender identity,\nmarital status, pregnancy, childbirth or related medical conditions, age,\nmilitary status, disability, or ethnic or national origin in any community.\n\nE. The provisions of this section shall not apply to the employment of\nindividuals of a particular religion by a religious corporation, association,\neducational institution, or society to perform work associated with its\nactivities.\n\nHISTORY: 2020, c. 1140; 2021, Sp. Sess. I, cc. 12, 477, 478, 506, 513; 2023, cc.\n624, 625; 2024, cc. 266, 334.","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}}