I've been on a few job search committees, and I've been on a few job searches myself, and there's a standard piece of boilerplate we put on all of our job ads.
The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, veteran status, or sexual orientation.
Whenever we start a job search, too, human resources reviews whatever we do, and we also get to attend a meeting where we're informed in very strong terms that that paragraph isn't just for show, but they really mean it, and if we violate those principles in any way, we can be in big, big trouble — and then they show us the burly lawyers with bullwhips and the guillotine. It's important stuff.
It's not just Minnesota, either. When I was on the job market, there was always some equal opportunity paperwork that went with every application. It's common to every civilized state in the union that they will make an effort to avoid discrimination.
Attorney General Ken Cuccinelli says Virginia's colleges and universities cannot prohibit discrimination against gays because the General Assembly has not authorized them to do so.
In a letter Thursday to the presidents, rectors and boards of visitors of Virginia public colleges, Cuccinelli said: the law and public policy of Virginia "prohibit a college or university from including 'sexual orientation', 'gender identity', 'gender expression' or like classification, as a protected class within its non-discrimination policy, absent specific authorization from the General Assembly."
That's remarkable. They aren't just saying, "Well, we don't have a state legal requirement that you can't discriminate against gays, but if the universities want to be a little more egalitarian than the rest of us, it's their own decision." They are saying there is a strong prohibition against not discriminating against gays: "Universities may not be more egalitarian and prohibit discrimination. Unless we say they can." Virginians have a right to be prejudiced assclowns and fire faggots freely.
I'm sure Patrick Henry University and Liberty University find this decision cause to celebrate, but you'd think the state would have learned something from Loving v. Virginia.
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Sounds like double-speak to me.
The Virginia judiciary has also historically been one of the most anti-gay in the nation.
Well, fuck.
I'm never going to work in Virginia if I can help it.
Between being gay and atheist- I dunno what the fundies there would do to me first. *laugh*
Hmm...I would suspect if the university receives any federal funding, they would be under federal anti-discrimination laws.
Hmm...I would suspect if the university receives any federal funding, they would be under federal anti-discrimination laws.
None of which cover sexual orientation.
Wow, that's exceedingly backward, even for Virginia.
They must be very proud of themselves.
Oh, I thought it did. My goof.
The Federal Fair Housing Act has something similar:
No mention of sexual orientation. As a bank employee, we get trained on this sort of thing all the time. Our bank believes that sexual orientation is implicit in the Act and would never do such a thing, but I raise the question every time it comes up, just to make the point. According to the Fair Housing Act it is still legal to discriminate against the GLBT community.
In my layman's analysis, the only thing the AG might be running afoul of would be a generous reading of Romer, in which SCOTUS ruled that states could not explicitly exclude LGBT folks from state protections, and the political process. This statement that the universities have exceeded their authority--that state law sets a ceiling and not a floor--could be argued to violate Romer, but it is not in violation of any federal law. EVen if the state were to call for the firing of all gay employees, there would be no violation of federal law.
According to the Fair Housing Act it is still legal to discriminate against the GLBT community.
According to all federal law, it is still legal to discriminate against LGBT individuals. Some law demands it.
That's what happens when a purple state reverts to red. The current governor and attorney general were all sweetness and light and rhetorically moderate when running last year as the Republican candidates, as if their extremist associations were irrelevant. Of course, they weren't and they aren't. Ken Cuccinelli was always an opponent of nondiscrimination laws and he's just being true to type.
It's a lesson for everyone.
I see MAJeff@5 has covered my point at #8. I didn't realize the official federal discrimination extended beyond housing.
How is being less discriminatory than required by law a bad thing? What Cuccinelli is saying is homophobia is protected in Virgina.
I'm like 2 steps behind MAJeff. I'll go back to bed now.
At UIC, where the spousal unit works, and my alma mater, they've had a GLBT curriculum forever. But, of course, we also have and respect Bill Ayers.
(I just typo'd: durriculum)
The federal civil rights act specifically excludes sexual orientation from sex discrimination (sex means male/female only).
So, it's perfectly legal to not hire a gay or fire one (transsexuals are not covered either).
Some states allow orientation protection in the public sector. My university covers orientation and even offers same-sex benefits for partners (though the evil IRS taxes that as imputed income).
Where the tide will change soon at the federal level: Using a hostile work environment framework to protect gays ("you fag; you're not acting like a 'man' type discrimination).
This is the "gender identity" stuff referenced in the OP. So, it's particularly mean to exclude this specifically at the state level and likely cannot stand since there's federal case law where victims have won using this strategy.
If only virginia state employees would start filing hostile work environment claims federally under the gender identity theory...
This is of course no surprise after Gov. McDonnell rolled back non-discrimination protections for gay state workers. Cuccinelli is as lousy an attorney general as he is a climate change denier.
oh for feck's sake. The following countries have passed same sex marriage or civil union legislation.
Belgium
Croatia
Denmark
Finland
France
Germany
Hungary
Iceland
Ireland
Luxembourg
Netherlands
Norway
Portugal
Spain
Sweden
Switzerland
United Kingdom
New Zealand
South Africa
and the religiots in the US are still busy finding shiny new retrograde ways to deny civil and human rights for teh gays.
Of course, this also means we can discriminate against straight people.
I really wish Northern Virginia would secede from the rest of Virginia and take most of our electoral votes with it.
[Lewis Black mode]
The governor of Virigina went to Pat Robertson's law school.
The governor of Virigina went to Pat Robertson's law school.
Bob McDonnell. Governor of Virginia. Went. To Pat Robertson's law school.
[/Lewis Black mode]
Had to double check whether this is still true but, according to the Virginia State Government website:
"Virginia is for Lovers"
http://www.virginia.gov/cmsportal3/tourism_and_travel_4096/virginia_tou…
JamesF@20
You need some kind of finger pointing/twitching emoticon. Frackin' hilarious.
Even add to QED's list,
Mexico City. The municipality, like DC, started allowing same-sex couples to marry and access the municipal benefits, protections, and obligations that come with it. There has been other movement in Latin America: Buenos Aires, Colombia, Ecuador, and Uruguay.
You can contact the governor of Virginia and let him know what you think at this page:
http://www.governor.virginia.gov/Contact.cfm
Not that I'm suggesting anything, of course ...
Effective immediately, Virginia's new tourism motto: "Virginia is for Straight, Married, Missionary Position Lovers." It doesn't fit on a bumper sticker so well, but it clarifies things admirably.
(Thanks Q.E.D)
Well, it's the US. Of course you're far behind on civil rights for minorities.
daveau@22
Thanks, I had his expletive-laden rant on the Superbowl halftime show in mind.
Mockery is about all I can do in this situation....
Fail!
Slightly OT: In Canada, there is official protection for LGBT people. Which is great, right?
Except apparently our government doesn't like to advertise this fact.
They recently produced a new immigration handbook. Canada is kept alive by its immigrants: we don't reproduce much in general.
The first draft apparently highlighted the protections for LGBT people; this was ordered to be removed in subsequent drafts by *someone* at the office of the Minister for Immigration. Minister himself denies all knowledge, which makes him either incompetent or incredibly lazy... but I digress.
Ah, the fun of having a right-wing government informed by good Christian principles. What assholes.
The AG's phrasing can be interpreted (and you know it WILL be interpreted this way), as saying that Virginia universities are REQUIRED to discriminate against gays. So if a university doesn't fire anyone for being gay, can they be prosecuted? Must they demonstrate that "we didn't hire five gays this year?" Do they have to file a "anti-affirmative action" brief to prove they are in compliance with the law as interpreted by the AG?
I'm just askin'...
After the last elections, Virginia's governor and attorney general are both proud alumni of Pat Robertson's Regent University.
The Lieutenant Governor, just to provide balance, graduated from Jerry Falwell's Liberty University.
[sigh] Yet another state joining in the mad race to grab the National Laboratory of Bad Government position from Texas.
JamesF-
I was thinking more like "If it hadn't been for my horse, I wouldn't have spent that year in College." Nevertheless, you have hit on Lewis Black's essence.
Yes, all you can do is find a way to laugh. It's so unbelievably fucked up. And it seems to get worse. I always thought, as time goes by, that people would become more enlightened, yet they just seem to dig in their heels.
There has been a lot of Texas bashing here lately (with some reason, unfortunately) but at least here the the UT system is also very explicit about non-discrimination in hiring and teaching. It isn't allowed and isn't tolerated and that includes sexual orientation. And trust me, LGBT is not a protected class in the rest of the state.
There has been a lot of Texas bashing here lately (with some reason, unfortunately) but at least here the the UT system is also very explicit about non-discrimination in hiring and teaching. It isn't allowed and isn't tolerated and that includes sexual orientation. And trust me, LGBT is not a protected class in the rest of the state.
Hmmm. With the example being set in Virginia, you think Governor Goodhair may have just found another "them" to run against?
Hah, I love it! If only... But that's the thing, isn't it. These assclams running the show don't even think heterosexuality is a sexual orientation. To them, having a sexual orientation means one is rebelling against heterosexuality. It's very similar to how theists think of atheists.
This hits home extremely hard for me. While I was completing my undergrad degree at a small PUBLIC liberal arts school in Virginia, the student body and faculty senate essentially brought the university to a stand-still over anti-gay discrimination. The Board of Trustees of the school had twice voted against language in our charter and other important documents to include gays in the groups of people we would not discriminate against (not LGBT, just gay, mind you). It took sit-ins, silent protests, flat out yelling in administrators' faces, etc., to get the Board to even reconsider adding anti-gay discrimination. There were days it got downright nasty. The Board eventually said "we'll think about it" and were essentially forced into submission by the students and faculty. The president was, and likely still is, against it, as he is as right-wing, conservative, xtian as they come (former state senator, always thought he would leave higher ed. to run for something else). The worst part? This was three years ago.
I imagine my alma mater will be one of the first to chuck the clause out of the window, as it wasn't put there by choice.
Some days I just can't win. My family left England about 15 years ago because we didn't like where it was going. For some reason, they decided to move to Virginia. I get both ends of the whacko spectrum, I think. It's rather unfortunate.
Rev. Pyramid Head - OMG, my gf would love you forever. Favorite Things: Silent Hill, Gay Dudes, and Non-God-Having. You hit the trifecta!
On-topic, I say Yes yes y'all. Virginia prefers its gay sex be illicit, therefore more erotically potent. Clearly.
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Well I'm confused here. It is illegal in Virginia to not discriminate against gays.
So what does this mean? Is discrminating against gays mandatory? Or just optional?
Someone should ask the attorney general for a list of groups that it is optional or mandatory to discriminate against. On second thought, forget it. It would probably be a very long list.
Next step. The official state of Virginia list of people and groups to hate.
"Virginia is for Lovers..."
...of hating people for loving!
MAJeff:
You mean the Weasel? Doubt if he needs it. He walked all over the primary and as far as I can see, the Dems have no one even close.
He'll be busy running for President as soon as he gets reelected anyway.
Attorney General Ken Cuccinelli is therefore a fuckwad extraordinaire!
I like the idea of discriminating against straights. If I was in Virginia, I would volunteer to be discriminated against, just to make a point (and as an excuse to get the hell out of Virginia).
When I was in Utah I almost lost a grant from CA because the grant department objected to a statement that required that I not discriminate on the basis of sexual orientation when hiring.
I wasn't interested in discriminating against applicants on the basis of sexual orientation but they felt is was better to turn away grant money rather than to allow me to hire assistants as I would anyway. It isn't just Virgina guys. There are some f---ed up people out there and they are often in charge.
So they're not allowed to not discriminate against gay people, but it doesn't say in which direction they must discriminate. How often are they allowed to change their minds? Suppose a university decided that in each 20 minute interview of a gay person, they'd discriminate in favour of that person for two 5-minute chunks of time and against them for the other two 5-minute chunks, would that be legal?
I doubt most of the leaders of the Theothuglicans really give a rat's ass about the gays anyway. It is none of their business and who cares?
This is just the powers manipulating people for their own reasons. Humans naturally fall into tribes with US and THEM. US are good and THEM are evil.
These days there are a lot of groups that aren't good targets for hate. Catholics, Jews, nonwhites, and so on have all dropped off the official hate lists. The commies are still on it but they are all but extinct except the Asian ones who own a trillion bucks worth of US treasury bonds and make all our stuff.
It doesn't say much for fundie xianity that they have to survive by picking out groups to hate and then demonizing and dehumanizing them. Xian morality is a myth.
I think it would be ok sid. Under the law you are allowed to use orientation when making employment decisions.
You can use astrology too if you want too. Stupid isn't necessarily illegal.
Pierce R. Bulter #31 wrote:
That's the most terrifying thing I've read since Ken Mercer won re-election to the Texas SBOE. And it's far more terrifying than that.
The Times-Dispatch closed commenting for the article, just when the last (and therefore most visible) comment rebranded the Virginia slogan:
"Virginia is for Haters"
Pretty catchy, and probably quite effective for millions of Americans.
Jefferson would be so proud.
This is incidentally, right after Doug Gansler, Attorney General of Maryland, decided that all marriages performed in other jurisdictions--including same-sex marriages--will be recognized in Maryland, just as D.C. began issuing marriage licenses to same-sex couples. Looks like some folks are getting nervous.
We know how to do stupid here in Virginia. I leave near Patrick Henry U (give me liberty?) and hang my head in shame as I pass by.
I like to vote in this state though. It needs it.
Why is it that whenever wingnuts talk about freedom, it always seems to mean "the freedom to kick someone else about"?
So in other words, the government of Virginia is forcing the homophobic lifestyle down people's throats.
I'm shocked no-one has mentioned ENDA, the Employment Non-Discrimination Act, proposed Federal legislation that would ban employment discrimination against LGB people, also T if they can stop fighting about it. This bill has been kicking around for TEN YEARS. And apparently this Congress is still too CHICKENSHIT to bring it up for a vote. I would definitely suggest calling your senators about it. (It would be nice if PZ could make a note about ENDA up top... and the fact that it still is not the law.)
Also--when VA passed a law a few years back banning gays from even jointly owning assets, etc, in a poorly-written bill that was opposed by the business community, there was a "Virginia is for Haters" campaign. Sounds like we need a Round Two.
Regent University:
http://www.regent.edu/admin/hr/jobs.cfm
U.Va:
http://www.hrs.virginia.edu/employment.html
Not hard to tell which institution gives a shit.
They should be getting nervous. If people start getting acclimated to the idea of gay marriage, the public resistance to it will start to disappear. It can only remain sick and wrong if it remains illegal. There is virtually no way they can win this fight. They will lose by attrition if nothing else.
I feel sorry for Virgians.
Just to add to Q.E.D's list (post #18), and because I'm feeling somewhat patriotic,
Countries that have gay-marriage;
Canada!
Don't forget your northern neighbours! I'm hoping that with us above and Mexico below (if the gay-marriage laws expand outside of Mexico City), eventually the US'll come around.
Also in Canadian military you have to undergo SHARP training (sexual harassment and racism prevention) which does include protection for sexual orientation.
As one of my sergeants put it "you aren't supposed to be fucking on the job anyways, so who the fuck cares who you fuck with?!"
Unfortunately whether or not the sexual orientation bit gets actually enforced on base depends on your commanding officers... but at least its a start...
jc @ #56 - thanks. I live in Spotsylvania county, Virginia, outside Frednecksburg. Back in the day, this county went for Ollie Fucking North.
It seems like this is just in character with the new hater government. Our fine guvna, while at Pat Robertson's aforementioned law school (WTF?) wrote a paper that was all about the real McDonnell - women belong in the kitchen, no gays allowed, etc etc, all reactionary bigotry crap. He claimed that since it was from 20 years ago, he had changed. I took that as a wink and a nod (and a shout out for all our homey macacas) to the scurvy bigots in our state.
His solution to the state's budget woes is going to be to sell off state assets, and he's already whaled on the budget for guess what? Of course, you know, education, assistance for the poor, etc etc. Anything that can actually help people is on the chopping block.
While our guvs can only serve one term, I'm looking forward to 4 looooong years.
BTW, there was a bill in the legislature to require coverage of Teh Gay under anti-discrimination laws. Past tense. The R dominated House killed it in committee. These are going to be long looooooonnngg years.
Me? I'm not angry. Not at all.
(Write and call the bastiche and let him know what you think.)
Ah good ol' religious bigotry. Of course the *Federal* anti-discrimination laws were *never* meant to protect teh gayz - the goddamn bible says so.
I think you mean Patrick Henry College. Patrick Henry College is a real institution, known for its staunch commitment to conservative evangelical Christianity and its connections to the Bush administration. Patrick Henry University, on the other hand, is a fictional institution created by Ayn Rand in her novel Atlas Shrugged, which several of the main characters attended.
@Rev. Pyramid Head: So long as you're not black, jewish, gay and atheist - you'd be in real trouble then. Some long gone lyricists and composers (Cole Porter, Lorenz Hart) were close - but obviously missing out on the black part.
Virginia Tech's policy ( http://bit.ly/cKYdH5 ):
"Virginia Tech does not discriminate against employees, students, or applicants on the basis of age, color, disability, gender, national origin, political affiliation, race, religion, sexual orientation or veteran status."
"Virginia Tech: Moving forward in the 21st century, despite a state administraiton that's stuck in the 19th." (from http://bit.ly/9OShXb )
Republican attorney general wants to walk back in time... to the Dark Ages; perhaps he never left it?
I wish we could just laugh at him and ignore this. But the consequences of this are mind-boggling. "Virginia for haters" sounds about right!
My home state of Louisiana USED to have anti-discrimination laws for gays, but The Great Bobby Jindal decided to allow them to expire. His exact reasoning being "I don't think it is necessary."
As if I needed another reason to vote against him.
Simple solution.
My gaydar says the attorney general is gay. That means by his own ruling his ruling doesn't need to be followed.
That is how he should be responded to.
Then if he proves he is straight, then discriminate against him anyway because he is straight. If it is ok to discriminate because of a gay sexual orientation, then it is ok to discriminate because of a straight sexual orientation.
Yes, well. they just don't want to have teh Gey Ajenduh Shoved Down their Throats
Th big, hard, hot and pulsing gay agenda .... Um.
excuse me...
"Then if he proves he is straight, then discriminate against him anyway because he is straight. If it is ok to discriminate because of a gay sexual orientation, then it is ok to discriminate because of a straight sexual orientation."
Use this sparingly and with care, but always lob it in when "the moment seems right." Nothing infuriates a fanatic/zealot/idiot more than being tarred with its own brush.
I'm sorry, folks.
I live in Virginia.
I voted against these assclowns.
I wish Northern Virginia would secede.
This bothers me greatly, as I am gay, live in Virginia, and only one year away from college. Oh joy!
Look, some of you don't see the true undercurrent of intent in keeping the gays down.
Let me explain:
I (hypothetically) as a Republican politician, must campaign against the gays, but I can't remain safely in the closet if my lover is shameless in thinking he's a real person. By continuing to remind everyone else of how not a real person he is, I can make sure nobody takes him seriously when he comes out and says he and I have been having trysts for years. It's also Not Cheating®, because it's not like I'm cheating with a woman.
I'm not-having encounters with a not-real-person whom I've programmed everyone not to trust. And by killing notions of sanctioned monogamy in homosexuality, I ensure a "swinging" lifestyle that means I can have my pick of unattached gay men.
Everybody wins! At least until the photos and e-mails come out.
Neurobadger, please include Spotsylvania when North Virginia secedes. I'd much rather have the state helping those who need it than have open rest areas. Priorities? WTF?
They learnt they could hold out a long time before they got sued. Clearly not the brightest of people. This is loving vs Virginia in a literal sense.
As discussed I think a little joke hetero discrimination will soon sort this out.
I should also point out that one of the largest Universities in the Commonwealth (VCU) does not even have a basic Evolution course in the Biology curriculum.
Interesting legal analysis from TooConservative, a conservative Northern Virginia blog.
http://www.tooconservative.com/?p=6601
The good thing, though, is that a lot of the universities don't seem to be taking it at this point; pretty much every public college and university has some sort of backlash going across.
However, a not-so-frequently mentioned fact is that this was released the Friday before most public schools' spring breaks. Coincidence?
Ok - all of you NOVA peeps I get tired of your over generalizations. Not all of the people in Southern Virginia are toothless and conservative - the 5th district DID manage to vote in a Democrat (Tom Perriello) over the incumbent (asshat) for life, Virgil Goode (don't you guys/gals remember him? Do a google search on his name, muslim, and controversy). Just because Liberty University is only miles away does not mean we all go to Liberty; plenty of friends attend UVA, VA Tech, & VCU (I'm really not going to mention JMU, ODU, or GMU). If I were a "biology" major - I wouldn't attend VCU, maybe if I were an art student, doing social work, or perhaps going to be a Doctor (because of MCV, and not saying that a future GP or otherwise should not know evolutionary biology but I'm sure many other state universities - and in Canada as well - do not have these courses - & sans me looking it up, I'm not sure if the person who posted about VCU is correct). By the way VCU is in Richmond, which is not part of Southern Virginia.
There are more people living in NOVA - so dear Northern Virginians, before you "secede" perhaps you should do the math to figure out where all the votes for the new Republican governor came from. SoVA is a poor area b/c it's still mostly rural with FEW people (Tobacco farmers are still in existence and slowly switching crops over etc), that's why NOVA gets more representatives and your public schools get more funding than ours etc. Chew on that a bit.
Oh and btw, I attend UNC, not UNC-W, or UNC-C, but UNC at Chapel Hill.
@kvoneerie: I wonder if some old buddies are still at UNC - know any ex-Navy chemists? Gee, it must have been 20 years since I've seen 'em.
And here I was saying that Virginia was one of the few Southern states I would actually allow past my job searching filter. But since I'm gay and work in student affairs, I guess that's no longer the case. (Except for some of the private universities.)
Side note: Even the University of ARKANSAS included sexual orientation in its nondiscrimination policy.
It means colleges may not create a policy against discriminating on sexual orientation. Discrimination is not mandatory at any point. So if a Dean wants to fire a secretary for being gay (or straight), the school can't prohibit it. This is the AG's implication, anyway, which frankly I find fairly suspect. It's not as though everything a college does needs to be explicitly authorized by the General Assembly. Some lunatic admin could, I suppose, sue a school that had an orientation non-discrimination policy on the theory that it restricted religious freedom, but the school could counter that the primary purpose and effect was not to restrict religious freedom. And indeed it isn't: the primary purpose is to make sure the best qualified people are hired or best students attracted, regardless of orientation.
Fuck. I really like living in Virginia. It's got great weather (well great variety of it anyway), awesome rivers, decent mountains, killer coastline, and *some* really great folks. But I don't know how much more of this I can take. I really wish these dickheads would knock it off or find another state so I don't have too. Damn, it's going to be harder than ever to get you cool people to move here to outweigh this fucktardery.
Left at the governor's web site: '"Virginia is for Straight, Married, Missionary Position Lovers. Remind me not to buy anything the next time I have to dash through your benighted state.'