HR Alert

Virginia: Executive Order Prohibits Discrimination by Certain State Contractors

Protected Characteristics Include Sexual Orientation and Gender Identity

The Governor of Virginia has issued Executive Order 61, which requires certain state contractors with the Executive Branch to agree to a nondiscrimination policy that includes discrimination based on sexual orientation or gender identity.

New Executive Order
Executive Order 61 states that the Executive Branch will only contract with those who abide by the nondiscrimination policies set forward in a previous Executive Order--namely that discrimination on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status is prohibited.

According to Executive Order 61, all Executive Branch entities must include in their procurement contracts valued over $10,000 a prohibition on discrimination by the contractor--in its employment practices, subcontracting practices, and delivery of goods or services--on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status. They must also include a term that the contractor will include the same requirements in every subcontract or purchase order over $10,000, so that the same provisions will be binding upon each subcontractor or vendor on state procurement contracts.

Note: These requirements do not apply to procurements that have, as of January 5, 2017, already progressed to a stage at which changes in contract requirements would materially and adversely impact the completion of a procurement contract. (Specific contracts with certain private child-placing agencies under state law may also be exempt from these requirements.)

Executive Order 61 contains additional provisions. Click here to read the text of the order. The order is effective as of January 5, 2017.


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