Virginia 2022 Regular Session Status: Passed Senate

SB 494 — Virginia Human Rights Act; nondiscrimination in employment, definition of employer.

Last action — Failed to report (defeated) in Commerce and Energy (10-Y 12-N)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Virginia Human Rights Act; nondiscrimination in employment; definition of employer, statute of limitations, and provision of attorney fees. Amends the definition of "employer" to mean a person employing five or more employees, instead of 15 or more employees under current law, for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person. The bill provides that a person claiming to be aggrieved by an unlawful discriminatory practice may file a written complaint with the Division of Human Rights within two years of the occurrence of the alleged unlawful discriminatory practice and that an aggrieved person who has been provided a notice of his right to file a civil action for such grievance may do so within one year of receiving such notice or within two years after the alleged discriminatory practice occurred, whichever is later. The bill also changes a court's award of reasonable attorney fees and costs to a successful plaintiff from discretionary to mandatory.

Bill Text

Action History

  1. Failed to report (defeated) in Commerce and Energy (10-Y 12-N)

  2. Referred to Committee on Commerce and Energy

  3. Reported from General Laws (12-Y 10-N)

  4. Subcommittee recommends referring to Committee on Commerce and Energy

  5. Subcommittee recommends reporting (7-Y 1-N)

  6. Assigned GL sub: Subcommittee #1

  7. Referred to Committee on General Laws

  8. Read first time

  9. Placed on Calendar

  10. Read third time and passed Senate (21-Y 19-N)

  11. Passed by for the day

  12. Passed by for the day

  13. Read second time and engrossed

  14. Constitutional reading dispensed (37-Y 0-N)

  15. Reported from General Laws and Technology (8-Y 7-N)

  16. Impact statement from DPB (SB494)

  17. Referred to Committee on General Laws and Technology

  18. Prefiled and ordered printed; offered 01/12/22 22102695D

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 144 not signed on · 41 voted No

Sponsors (1)

  • Jennifer L. McClellan

Not signed on (144)

144 members have not signed on to this bill.

Show all 144 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Failed 10 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 101200
Total 101200
% of votes cast 45%55%0%0%
How each member voted (22)

Official roll call →

Passed 12 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 121000
Total 121000
% of votes cast 55%45%0%0%
How each member voted (22)

Official roll call →

Passed 7 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7101
Total 7101
% of votes cast 78%11%0%11%
How each member voted (9)

Official roll call →

Passed 21 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211900
Total 211900
% of votes cast 53%48%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
David W. Marsden — Yea
Dunnavant, Siobhan S. — Nay
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Nay
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Nay
William M. Stanley, Jr. — Nay

Official roll call →

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 37003
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Not Voting
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Not Voting
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Not Voting
William M. Stanley, Jr. — Yea

Official roll call →

Passed 8 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8700
Total 8700
% of votes cast 53%47%0%0%
How each member voted (15)

Official roll call →

Subjects

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Frequently asked questions

What does SB 494 do?
Virginia Human Rights Act; nondiscrimination in employment; definition of employer, statute of limitations, and provision of attorney fees. Amends the definition of "employer" to mean a person employing five or more employees, instead of 15 or more employees under current law, for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person. The bill provides that a person claiming to be aggrieved by an unlawful discriminatory practice may file a written complaint with the Division of Human Rights within two years of the occurrence of the alleged unlawful discriminatory practice and that an aggrieved person who has been provided a notice of his right to file a civil action for such grievance may do so within one year of receiving such notice or within two years after the alleged discriminatory practice occurred, whichever is later. The bill also changes a court's award of reasonable attorney fees and costs to a successful plaintiff from discretionary to mandatory.
Who sponsors SB 494?
SB 494 is sponsored by Jennifer L. McClellan, R. Creigh Deeds, Vivian E. Watts, and Adam P. Ebbin.
What is the current status of SB 494?
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 494?
Track SB 494 free on One Click Politics — get push/email alerts when it moves.

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