SB 570 — Virginia Human Rights Act; definition of 'employer.'

SESSION ENGROSSEDENROLLED 24107379DREPRINT SENATEVIRGINIA BILLACTS NO.OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 2.2-3905 and 2.2-3905.1 of the Code of Virginia, relating to Virginia Human Rights Act;

570definition AMENDMENTof IN"employer." THER NATUREO OF[S A570] SUBSTITUTEApproved (ProposedL byL theBe Senateit Committeeenacted onby the General LawsAssembly andof Technology)Virginia: (Patron Prior to Substitute––Senator Ebbin) Senate Amendments in [ ] - February 13, 2024 A BHuman Rights Act;

definition of "employer."2-3905.1 of the Code of Virginia, relating to Virginia Be it enacted by the General Assembly of Virginia:

That §§ 2.2-3905 and 2.2-3905.1 of the Code of Virginia are amended and reenacted as follows:followsE § 2.2-3905.

§ 2.2-3905.

ND A."Age" means being an individual who is at least 40 years of age.

As"Domestic usedworker" means an individual who is compensated directly or indirectly for the performance of services of a household nature performed in thisor section: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.

"Age""Domestic meansworker" beingdoes annot individualinclude who(i) isa atfamily leastmember, 40friend, yearsor neighbor of age.a child, or a parent of a child, who provides childBcare in the child's home;

G(ii) "Domesticany worker"child meansday anprogram individualas whodefined isin compensated§ directly22.1-289.02 or indirectlyan forindividual thewho Ri7 performancean ofemployment servicesto ofprovide acompanionship household nature performed in or about a private home, including services performedfor by individuals suchwho, asbecause companions,of babysitters,age cooks,or waiters,infirmity, butlers,Ereice valets,unable maids,to personal care aides, and chauffeurs of automobiles for familythemselves. use.

"DomesticR worker""Employee" doesmeans notan includedes,individual (i)employed aby familyan member,employer. friend, or neighbor of a child, or a parent of a child, who provides childScare in the child's home;

(ii)"Employer" anymeans childa person employing (i) 15 or more than five employees for each working day programin aseach definedof 20 or more calendar weeks in §the 22.1-289.02current or anpreceding individualcalendar whoyear, isand anany employeeagent of such a childperson dayor program;(ii) one or more domestic workers.

orHowever, (iii)(a) anyfor employeepurposes employedof onunlawful adischarge casualunder subdivision B 1 on the basis inof domesticrace, servicecolor, employmentreligion, tonational provideorigin, companionshipmilitary servicesstatus, forsex, individualssexual who,orientation, becausegender ofidentity, agemarital status, disability, pregnancy, or infirmity,childbirth Dreor unablerelated tomedical careor more domestic workers and (b) for themselves.purposes of unlawful discharge under subdivision B 1 on theone basis of age, "employer" means any employer employing more than five but fewer than 20 persons.

"Employee""Employment agency" means any person, or an individualagent employedof bysuch person, regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer.

"Employer""Joint meansapprenticeship acommittee" personmeans employingthe (i)same 15as [that fiveterm oris moredefined more than five ] employees for each working day in each§ of2.2-2043. 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,"Labor (a)organization" for purposes of unlawful sexual orientation, gender identity, marital status, disability, pregnancy, or childbirth or related medical, conditions including lactation, "employer" means anyan personorganization employingengaged morein thanan fiveindustry, persons orSone or morean domesticagent workers and (b) for purposes of unlawfulsuch dischargeorganization, underthat subdivisionexists Bfor 1 on the basispurpose, ofin age,whole "employer" means any employer employing more than five but fewer than 20 persons.7 "Employment agency" means any person, or anin agentpart, of suchdealing person,with regularlyemployers undertakingon withEorbehalf withoutof compensation to procure employees foremployment. an employer or to procure for employees opportuni1ies to work for an employer.

35"Labor "Jointorganization" apprenticeshipincludes committee"employee meansrepresentation thecommittees, samegroups, asor thatassociations term is defined in §which 2.2-2043.employees participate.

36 "Labor organization" means an organization engaged in an industry, or an agent of such organization, 38 concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of 39 employment.

"Labor organization" includes employee representation committees, groups, or associations 40 in which employees participate.

a.such individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or national origin;

Fail or refuse to refer for employment, or otherwise discriminate against, any individual because of childbirth4 orb. related medical conditions, age, military status, disability, or national origin;

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, b.childbirth or related medical conditions, age, military status, disability, or national origin.

Classify or refer for employment any individual on the basis of such individual's race, color, SB570ES1 2 of 4 religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or national origin.

For an employer to apply different standards of compensation, or different terms, conditions, or of 4 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,locations,Eprovided provided of 4 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 national origin;

R 4.

For an employer to condition employment or premises access based upon citizenship where tNethe employer is subject to any requirement imposed in the interest of the national security of the GnitedUnited ofStates theunder federalany governmentsecurity orprogram anyin executiveeffect orderpursuant ofto theor Presidentadministered ofunder theany Unitedstatute States.te or regulation of D.

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,stStus, disability, or national origin on account of an imbalance that may exist with respect to the toSalto5al number or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity,identity0 marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, orRr 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 national origin inins, any community.

B§ practice;2.2-3905.1.

Reasonable accommodations for persons with disabilities;

unlawful discriminatory practice;

accommodationsA. for persons with disabilities;

unlawful discriminato5y A.

0 "Employer" means any person, government, or political subdivision, or agent of such person, Sof government,20 or politicalmore subdivision,calendar employingweeks morein thanthe fivecurrent employeesor preceding calendar year.s for each working day in each of"Person 20with ora moredisability" calendarmeans weeks in the currentterm oras precedingdefined calendarin year.§ 51.5-40.1.

"Person with a disability" means the term as defined in § 51.5-40.1.

§"Otherwise 51.5-41.ise qualified person with a disability" means the term as defined in subsection A of B.§ 51.5-41.

B.

Refuse to make reasonable accommodation to the known physical and mental impairments of an otherwise qualified person with a disability, if necessary to assist such person in performing a particular job, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer.

Hardship on the conduct of the employer's business, considering the nature of the employer's opeb.operation, including composition and structure of the employer's workforce;

Sizeb. of the facility where employment occurs;he employer's workforce;

Size of the facility where employment occurs;

Take adverse action against an employee who requests or uses a reasonable accommodation pursuantpur3. to this section.