                                 CODE OF VIRGINIA

APPOINTMENT OF DEPUTIES AND EMPLOYMENT OF EMPLOYEES; DISCRIMINATORY PRACTICES BY
CERTAIN OFFICERS; CIVIL PENALTY (§ 15.2-1604)

A. It shall be an unlawful employment practice for a constitutional officer:

   1. 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&#8217;s race, color, religion, sex, age, marital
   status, pregnancy, childbirth or related medical conditions, sexual
   orientation, gender identity, national origin, or military status; or

   2. 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&#8217;s race, color,
   religion, sex, age, marital status, pregnancy, childbirth or related medical
   conditions, sexual orientation, gender identity, national origin, or military
   status.

B. 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.

C. With regard to notices and advertisements:

   1. 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&#8217;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. 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.

D. 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 (&#xA7; 2.2-520 et seq.) of Chapter
5 of Title 2.2.

E. Any constitutional officer who willfully violates the provisions of
subsection C shall be subject to a civil penalty not to exceed $2,000.

F. As used in this section:
			&#8220;Military status&#8221; means status as (i) a member of the uniformed
forces, as defined in 10 U.S.C. &#xA7; 101(a)(5), of the United States or a
reserve component thereof named under 10 U.S.C. &#xA7; 10101, (ii) a veteran as
defined in 38 U.S.C. &#xA7; 101(2), or (iii) a dependent as defined in 50 U.S.C.
&#xA7; 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.
			&#8220;Religion&#8221; 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: 1989, c. 718, § 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.