2020 General Assembly Session

Personnel Related Legislation

2020 General Assembly Summary
Personnel Related Legislation
Fairfax County Public Schools, Office of Government Relations

This report describes all of the Personnel-related legislation considered during the 2020 General Assembly Regular Session.  Bills are listed in one of three categories: Approved, Continued to 2021, or Failed. 

Approved legislation goes into effect on July 1, 2020 unless otherwise specified in the legislation itself.

Bills designated as “Continued to 2021” are effectively “Failed” for purposes of the 2020 Session, but can still be acted upon by the Committee that recommended continuing the legislation prior to the 2021 Session (by December 3, 2020).  Even if a bill were to be acted upon prior to that deadline (which rarely occurs), it would still have to proceed through the remainder of the legislative process (pass in both chambers, signed by the Governor) during the 2021 Session.

Summaries are linked to the Division of Legislative Services’ web pages for text, up to date summary information, and fiscal impact statements. If a bill of interest is not found in one category, please check another as legislation often can fit under multiple categories.

UPDATED:  March 30, 2020

PERSONNEL - PASSED

Annual Teacher Compensation Review; Report HB 1443 (VanValkenburg) requires the Department of Education to conduct a biennial review of teacher compensation that takes into consideration the Commonwealth's compensation for teachers relative to the national average teacher salary. Current law requires the Director of Human Resource Management to complete such biennial review and to compare compensation for teachers relative to member states in the Southern Regional Education Board.

Collective Bargaining for Local Public Employees HB 582 (Guzman) and SB 939 (Saslaw) permit counties, cities, towns, and local school boards to adopt local ordinances authorizing them to (i) recognize any labor union or other employee association as a bargaining agent of any public officers or employees, except for Constitutional officers and their employees, and including public school employees and (ii) collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment. Within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, the governing body is required to take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. The bills provide that prohibition against striking for public employees applies irrespective of any such local ordinance. HB 582 incorporates HB 327 (Levine) and SB 939 incorporates SB 1022 (Boysko).

Compensation Discrimination Information  HB 624 (Hurst) directs the Division of Human Rights of the Department of Law to develop recommendations regarding the type of information about businesses and their employees and the accompanying methodology that would be required for the Division to proactively enforce provisions of the Code of Virginia requiring equal pay of similarly situated employees irrespective of sex and race. The bill requires the Division to also develop recommendations regarding appropriate enforcement mechanisms, including causes of action and civil remedies, to address discrimination in compensation based on sex and race. In developing such recommendations, the bill directs the Division to engage stakeholders representing employers and employees in the Commonwealth. The bill requires the Division to report its findings and recommendations to the Governor and the General Assembly no later than November 30, 2020.

Diversity and Cultural Competency Training HB 581 (Guzman) requires the Department of Human Resource Management to develop an online diversity and cultural competency training module. The bill requires all state employees commencing or recommencing employment with the Commonwealth on or after January 1, 2021, to complete such training within 90 days of commencing or recommencing such employment and all persons employed with the Commonwealth on January 1, 2021, to complete such training no later than April 1, 2021.

Diversity, Equity, and Inclusion, Director of; Position Created HB 394 (Ward) establishes the position of Director of Diversity, Equity, and Inclusion (the Director), to be appointed by the Governor. The Director is empowered to develop a sustainable framework to promote inclusive practices across state government; implement a measurable, strategic plan to address systemic inequities in state government practices; and facilitate methods to turn feedback and suggestions from state employees, external stakeholders, and community leaders into concrete equity policy.

Education Preparation Programs; Teacher Licensure; Certain Coursework, Training, or Instruction HB 894 (Levine) requires education preparation programs offered by public institutions of higher education and private institutions of higher education to ensure that, as condition of degree completion, each student enrolled in the education preparation program receives instruction on positive behavior interventions and supports; crisis prevention and de-escalation; the use of physical restraint, consistent with regulations of the Board of Education; and appropriate alternative methods to reduce and prevent the need for the use of physical restraint and seclusion. The bill requires every person seeking initial licensure as a teacher who has not received such instruction to receive instruction or training on such topics. The bill requires the Board of Education to adopt regulations to implement the foregoing requirements.

Employee Misclassification; Retaliatory Actions Prohibited; Civil Penalty HB 1199 (Tran) and SB 662 (Boysko) prohibit an employer from discharging, disciplining, threatening, discriminating against, or penalizing an employee or independent contractor because the employee or independent contractor reported or plans to report that an employer or any officer or agent has failed to properly classify an individual as an employee and failed to pay required benefits or other contributions. The measures also prohibit such actions against an employee or independent contractor who is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. These prohibitions apply only if an employee or independent contractor acts in good faith and upon a reasonable belief that the information is accurate. The measures authorize the Commissioner of Labor and Industry to institute proceedings against an employer who has taken such prohibited retaliatory action. Available remedies include reinstatement of the employee and recovery of lost wages. An employer that violates these provisions is subject to a civil penalty equal to the employee's lost wages.

Employment; Prohibited Retaliatory Action HB 798 (Delaney) Prohibits an employer from discharging, disciplining, threatening, discriminating against, penalizing, or taking other retaliatory action against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because the employee (i) reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official; (ii) is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; (iii) refuses to engage in a criminal act that would subject the employee to criminal liability; (iv) refuses an employer's order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or (v) provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation. A person who alleges a violation of this chapter may bring a civil action seeking injunctive relief, reinstatement, and compensation for lost wages, benefits, and other remuneration.

Limiting Employees' Sharing of Wage Information Prohibited; Civil Penalty HB 622 (Hurst) prohibits an employer from discharging or taking other retaliatory action against an employee because the employee inquired about or discussed with, or disclosed to, another employee any information about either the employee's own wages or other compensation or about any other employee's wages or other compensation. Violations are subject to a civil penalty of $100.

Mental Health Awareness Training HB 74 (Kory) and SB 619 (Deeds) require each school board to adopt and implement policies that require each teacher and other relevant personnel, as determined by the school board, employed on a full-time basis, to complete a mental health awareness training or similar program at least once and provide such training, which may be provided pursuant to a contract with the Department of Behavioral Health and Developmental Services, a community services board, a behavioral health authority, a nonprofit organization, or other certified trainer or via an online module. HB 74 incorporates HB 716 (Reid) and HB 1554 (Samirah).

Microcredentials; Standards HB 836 (Carroll Foy) requires the Department of Education to develop a plan to adopt and implement standards for microcredentials used toward add-on endorsements and renewal of licenses earned by Virginia license holders in science, technology, engineering, and mathematics (STEM) fields. The bill requires such plan to include (i) a process for reviewing and administering educator microcredentials; (ii) assurances that educator microcredentials rely upon demonstrable evidence from the submission of artifacts, such as student projects and teacher lesson plans, that are then objectively scored against existing rubrics; and (iii) assurances that educator microcredentials focus on interrelated competencies leading to logical teacher professional development pathways and stacks of educator microcredentials and align with the Board of Education's ongoing work on educator professional development. Such plan shall also include the resources needed for statewide implementation.

Misclassification of Workers; Cause of Action HB 984 (Delaney) SB 894 (Saslaw) authorize an individual who has not been properly classified as an employee to bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual's misclassification. The court may award damages in the amount of any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual, a reasonable attorney fee, and the costs incurred by the employee in bringing the action. The measures provide that an individual who performs services for a person for remuneration shall be presumed to be an employee unless it is shown that the individual is an independent contractor as determined under the Internal Revenue Service guidelines. 

Misclassification of Employees as Independent Contractors; Department of Taxation to investigate HB 1407 (Ward) prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless it is demonstrated that such individual is an independent contractor. The Department of Taxation shall determine whether an individual is an independent contractor by applying Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021.  

Nonpayment of Wages; Discriminatory Actions Prohibited HB 337 (Price) and SB 48 (Spruill) prohibit an employer from discharging or otherwise discriminating against an employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding related to the failure to pay wages, or has testified or is about to testify in any such proceeding. The measure authorizes the Commissioner of Labor and Industry to institute proceedings against an employer who has taken such prohibited discriminatory action. Available remedies include reinstatement of the employee, recovery of lost wages, and liquidated damages.  

Nonpayment of Wages; Investigations HB 336 (Price) and SB 49 (Spruill) authorize the Commissioner of Labor and Industry, if he acquires information during an investigation of a complaint of an employer's failure or refusal to pay wages and that information creates a reasonable belief that other employees of the same employer may not have been paid wages, to investigate whether the employer has failed or refused to make a required payment of wages to other employees. The measures also provide that if the Commissioner finds in the course of such investigation that the employer has committed a violation, the Commissioner may institute proceedings on behalf of any employee against his employer. In such proceedings, the Commissioner is not required to have obtained a written complaint of the violation or the written and signed consent of any employee.

Prohibited Discrimination; Sexual Orientation and Gender Identity HB 1049 (Levine) prohibits discrimination in employment, public accommodation, public contracting, apprenticeship programs, housing, banking, and insurance on the basis of sexual orientation or gender identity. The bill also adds discrimination based on sexual orientation or gender identity to the list of unlawful discriminatory housing practices.

Prohibited Discrimination; Public Accommodations, Employment, Credit, and Housing: Causes of Action; Sexual Orientation and Gender Identity. SB 868 (Ebbin) creates causes of action for unlawful discrimination in public accommodations and employment in the Virginia Human Rights Act. Currently, under the Act there is no cause of action for discrimination in public accommodations, and the only causes of action for discrimination in employment are for (i) unlawful discharge on the basis of race, color, religion, national origin, sex, pregnancy, or childbirth or related medical conditions including lactation by employers employing more than five but fewer than 15 persons and (ii) unlawful discharge on the basis of age by employers employing more than five but fewer than 20 persons. The bill allows the causes of action to be pursued privately by the aggrieved person or, in certain circumstances, by the Attorney General. Before a civil cause of action may be brought in a court of the Commonwealth, an aggrieved individual must file a complaint with the Division of Human Rights of the Department of Law, participate in an administrative process, and receive a notice of his right to commence a civil action. The bill prohibits discrimination in public and private employment on the basis of sexual orientation and gender identity. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran. Additionally, the bill (a) prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran; (b) prohibits discrimination in credit on the basis of sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, disability, and status as a veteran; and (c) adds discrimination on the basis of an individual's sexual orientation, gender identity, or status as a veteran as an unlawful housing practice. SB 868 incorporates SB 66 (McClellan) and SB 159 (Boysko).

Provisional Teacher Licensure; Certain Individuals HB 1630 (Kilgore) permits any school board and division superintendent to extend from three months to six months the period within which the provisional license of an individual seeking initial teacher licensure who has not completed professional assessments will expire for the purpose of establishing such individual's eligibility for initial licensure, provided that such individual has received a satisfactory mid-year performance review in the current school year and meets all other eligibility criteria.

Public Elementary & Secondary School Teachers; Probationary Term of Service, Performance Evaluation HB 365 (Carroll Foy) and SB 98 (Locke) remove the option for local school boards to extend the three-year probationary term of service for teachers by up to two additional years and the prohibition against school boards reemploying any teacher whose performance evaluation during the probationary term of service is unsatisfactory.  HB 365 incorporates HB 1169 (Wampler) and HB 1326 (Kory).

Public Employment; Limitations on Inquiries by State Agencies and Localities Regarding Arrests HB 757 (Aird) prohibits state agencies and localities from including on any employment application a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. The bill prohibits asking a prospective employee if he has ever been arrested or charged with or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee. The prohibition does not apply to applications for employment with law-enforcement agencies or positions related to law-enforcement agencies. The prohibition also does not apply to applications for state agency positions designated as sensitive or to state agencies that are expressly permitted to inquire into an individual's criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. For localities, the prohibition also does not apply to positions for employment by the local school board. HB 757 incorporates HB 140 (Davis).

School Board Employment; Applicant Criminal History. HB 392 (Ward) prohibits each school board from employing any individual who has been convicted of a violent felony set forth in the definition of barrier crime in subsection A of § 19.2-392.02 of the Code of Virginia or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child. The bill permits each school board to employ any individual who has been convicted of any felony or crime of moral turpitude that is not set forth in the definition of barrier crime in subsection A of § 19.2-392.02 of the Code of Virginia and does not involve the sexual molestation, physical or sexual abuse, or rape of a child, provided that in the case of a felony conviction, such individual has had his civil rights restored by the Governor. The bill contains parallel provisions for contractors and their employees who have direct contact with students on school property during regular school hours or during school-sponsored activities. Current law provides that any felony conviction is a bar to employment and contract work in public schools.

Social Workers; Licensure by Endorsement SB 53 (Stanley) directs the Board of Social Work to pursue the establishment of reciprocal agreements with jurisdictions that are contiguous with the Commonwealth for the licensure of baccalaureate social workers, master's social workers, and clinical social workers. The bill provides that reciprocal agreements shall require that a person hold a comparable, current, unrestricted license in the other jurisdiction and that no grounds exist for denial based on the Code of Virginia and regulations of the Board.  

Teacher Grievance Procedures; Hearing; Three-Member Fact Finding Panel SB 377 (Bell) permits a school board to conduct a teacher grievance hearing before a three-member fact-finding panel consisting of one member selected by the teacher, one member selected by the division superintendent, and an impartial hearing officer selected by the other two panel members to serve as the chairman of the panel. The bill also removes the requirement that a teacher grievance hearing be set within 15 days of the request for such hearing and extends from five days to 10 days the minimum period of advanced written notice to the teacher of the time and place of such hearing.

Teacher Licensing Process; Department of Education to Study SJ 15 (Locke) requests the Department of Education to study the teacher licensure process and the assessment requirements therein for any inherent biases that may prevent minority teacher candidates from entering the profession. The provisions of the resolution are contingent on funding in a general appropriation act.  

Teacher Licensure; Written Reprimand; Suspension HB 1344 (Askew) provides that when adopting regulations regarding the issuance of written reprimands of teachers and other school personnel required to hold a license, the Board of Education shall establish in such regulations the grounds for such written reprimands and provides that for a teacher who breaches his contract the local board of education or division superintendent, in addition to a written reprimand or revocation of the teacher's license as in current law, may issue a suspension of the teacher's license. 

Teachers Employed in Accredited Private Elementary and Secondary Schools; Provisional Licenses HB 1469 (Gooditis) requires the Board of Education to extend for at least one additional year, but for no more than two additional years, the three-year provisional license of a teacher employed in an accredited private elementary or secondary school or a school for students with disabilities that is licensed by the Board upon receiving from the school administrator of such school a recommendation for such extension and satisfactory performance evaluations for such teacher for each year of the original three-year provisional license. HB 1469 incorporates HB 725 (Reid)

Teacher and Support Staff Shortages HB 376 (Willet) requires (i) each school board to report to the Department of Education annually the number and type of teacher, other instructional personnel, and support staff vacancies in the school division and (ii) each approved education preparation program to report to the Department of Education annually the number of individuals who completed the program by endorsement area. The bill requires the Department of Education to (a) establish deadlines for and the format of the reporting of such data and (b) aggregate and report such data annually on the Department's website.

Teachers in Certain Schools for Students With Disabilities; Provisional Licenses; Extension SB 680 (Mason) requires the Board of Education to extend for at least one additional year, but for no more than two additional years, the three-year provisional license of a teacher employed in a school for students with disabilities that is licensed by the Board upon receiving from the school administrator of such school a recommendation for such extension and satisfactory performance evaluations for such teacher for each year of the original three-year provisional license.

Teachers; Unsatisfactory Performance Evaluations, Grounds for Dismissal HB 570 (Guzman) and SB 167 (Favola) remove the definition of "incompetency" for the purpose of establishing grounds for the dismissal of public-school teachers.

Technical Professional Licenses; Eligibility Criteria HB 1613 (Brewer) requires the Board of Education, pursuant to regulation, to permit any individual who seeks a technical professional license to substitute the successful completion of an intensive, job-embedded, three-year program of professional development for the nine semester hours of professional studies required for such license.

Technical Professional Licenses; Military Science Endorsement HB 1568 (Rush) and SB 978 (Edwards) direct the State Board of Education to amend its regulations to require that persons seeking a technical professional license with an endorsement to teach military science have either the appropriate credentials issued by the United States military or a recommendation from a Virginia employing educational agency.    

Virginia Human Rights Act; Discrimination on the Basis of Pregnancy, Childbirth, or Related Medical HB 827 (Carroll Foy) and SB 712 (McClellan) require employers, defined in the bill, to make reasonable accommodation for the known limitations of a person related to pregnancy, childbirth, or related medical conditions, if such accommodation is 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. The bills also prohibit employers from taking any adverse action against an employee who requests or uses a reasonable accommodation and from denying employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the applicant or employee. The bills create a cause of action against any employer who denies any of the rights afforded by the bill and permits the court or jury to award compensatory damages, back pay, and other equitable relief.

Virginia Human Rights Act; Racial Discrimination; Hair HB 1514 (McQuinn) and SB 50 (Spruill) provide that the terms "because of race" and "on the basis of race," and terms of similar import, when used in reference to discrimination in the Code of Virginia and acts of the General Assembly, include traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks, and twists.

 

PERSONNEL – CONTINUED TO 2021

Employee Protection; Discharge for Protective Order Prohibited SB 427 (Saslaw)  would prohibit an employer from discharging, taking other retaliatory personnel action, or otherwise discriminating against an employee solely on the basis that such employee has filed for or has been issued an emergency protective order or a preliminary protective order against the employer or another employee of such employer. The bill would establish an administrative process for an employee that believes he has been discharged or discriminated against in violation against such prohibition.  

Employment; Disclosure of Terms HB 800 (Delaney) would require every employer of employees who are 18 years of age or older who work for daily wages or are employed to work on a project for a total of 10 days or less, with some exceptions specified in the measure, to furnish to such employees, at the time of the employee's hiring, a written disclosure of information regarding the terms of employment, including the name and address of the employer, the rate of pay and basis thereof, and the regular payday. The measure would also require employers to notify its employees in writing of any changes to this information. 

Human Rights, Division of; Duties HB 11 (Samirah) would clarify that the duties of the Division of Human Rights shall include receiving and investigating all complaints alleging unlawful discriminatory practices that are filed within the applicable statute of limitations period and allege a wrongdoing covered under applicable federal or state law.  

Urban Teacher Fund and Program; Established SB 1080 (Morrissey) would establish the Urban Teacher Fund and Program, to be administered by the Superintendent of Public Instruction, for the purpose of providing grants to persons employed in urban school divisions with teacher shortages who remain employed by the urban school division for a period of at least five years.

Veterans and Active Duty Members of the Armed Forces; Teachers; Credit for Service SB 461 (Reeves) would require each local school board to give any veteran or active duty member of any of the Armed Forces of the United States or the Commonwealth who it employs as a teacher in the local school division credit for any time served in any such forces in determining such teacher's step on the local school division's teacher salary scale.

Wage or Salary History; Inquiries Prohibited, Civil Penalty HB 416 (Cole, J.G.) would prohibit a prospective employer with 25 employees or more from requiring as a condition of employment that a prospective employee provide or disclose the prospective employee's wage or salary history, attempting to obtain the wage or salary history of a prospective employee from the prospective employee's current or former employers, requesting a prospective employee to complete an application for employment that includes a question inquiring about the prospective employee's wage or salary history, or asking a prospective employee in an employment interview any question intended to obtain information about the prospective employee's wage or salary history. Violations would be subject to a civil penalty not to exceed $100 per violation. HB 416 incorporates HB 326 (Levine) and HB 802 (Delaney).

 

FAILED

Child Abuse and Neglect; Gender Identity or Sexual Orientation HB 580 (Guzman) would have expanded the definition of "abused or neglected child" to include any child whose parents, or other person responsible for his care, create or inflict, threaten to create or inflict, or allow to be created or inflicted upon such child a physical or mental injury on the basis of the child's gender identity or sexual orientation.

Earned Paid Sick Time SB 481 (Favola) would have required public and private employers with 15 or more employees to provide those employees with earned paid sick time; however, the provisions of the bill would not apply to an employer that has entered into a bona fide collective bargaining agreement. SB 481 incorporated SB 1069 (Barker).  

Employment; Requiring the Purchase or Provision of Materials HB 417 (Cole, J.G.) would have prohibited any employer, including state or local government, from requiring any employee to purchase from the employer or any other person necessary or required for the employee to perform or complete the work for which he was hired. The measure would have also prohibited an employer from requiring any employee to furnish, use, or provide at the employee's expense any necessary materials; deducting the cost or value of any necessary materials provided by the employer from the employee's wages or salary; or discharging or taking retaliatory action against an employee for certain actions related to a violation.

Local Grievance Procedure HB 662 (Mullin) would have incorporated into the local grievance procedure certain provisions in the state grievance procedure related to appeal of final decisions to the circuit court.   

Parental Leave for School Involvement HB 64 (Miyares) would have required employers to grant four hours of leave annually to employees who are parents or guardians of, or who stand in loco parentis to, a school-aged child in order to attend parent-teacher conferences, volunteer at the child's school, or otherwise be involved in the child's school.

Planning Time and Planning Periods for Elementary School Teachers HB 273 (VanValkenburg) and SB 134 (Stuart) would have required each local school board to ensure that each elementary school teacher has an average of one 45-minute period per school day of planning time and that each middle and high school teacher is provided an average of one planning period per school day or the equivalent, which shall be at least 45 minutes or one class period, whichever is longer. The bill permits local school boards and teachers to enter into an appropriate contractual arrangement providing for compensation in lieu of such planning time or period.

Professional License Reinstatement SB 829 (Stanley) would have given the Governor the power to reinstate the license for any profession regulated by an executive branch agency that has been revoked by such agency.

Prohibited discrimination; public accommodations, employment, credit, and housing: causes of action; sexual orientation and gender identity. HB 1663 (Sickles) would have created explicit causes of action for unlawful discrimination in public accommodations and employment in the Virginia Human Rights Act. HB 1663 incorporated HB 3 (McQuinn), HB 21 (Lindsey), HB 23 (Lindsey), HB 217 (Convirs-Fowler), HB 1050 (Levine), HB 1200 (Tran), and HB 1512 (McQuinn). Note that a bill with similar provisions, SB 868 (Ebbin) did pass.

Prohibited Discrimination; Sexual Orientation and Gender Identity SB 23 (Ebbin) would have prohibited discrimination in employment and public accommodations on the basis of sexual orientation or gender identity. The bill would have codified existing prohibited discrimination in public employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran and adds discrimination based on sexual orientation or gender identity to the list of unlawful discriminatory housing practices.

Right to Work; Repeals Provisions HB 153 (Carter) would have repealed the provisions of the Code of Virginia that, among other things, prohibit any agreement or combination between an employer and a labor union or labor organization whereby nonmembers of the union or organization are denied the right to work for the employer, membership in the union or organization is made a condition of employment or continuation of employment by such employer, or the union or organization acquires an employment monopoly in any such enterprise.

Strikes by Government Employees HB 67 (Carter) would have limited to law-enforcement officers the scope of the existing provision that deems any public employee who strikes to have terminated his employment and bars him from further public employment.

Toll Facilities; Free Use by Teachers, Firefighters, and Emergency Medical Services Personnel HB 429 (Scott) would have authorized any teacher employed by a public school district, firefighter, or emergency medical services personnel to use all toll bridges, toll ferries, toll tunnels, and toll roads in the Commonwealth without the payment of toll while traveling between his place of residence and his place of employment.

Virginia Human Rights Act; Discrimination on the Basis of Pregnancy, Childbirth SB 866 (Favola) would have created a cause of action against any employer employing more than five but fewer than 15 persons who engages in an unlawful discriminatory act against any employee on the basis of pregnancy, childbirth, or related medical conditions.

Virginia Diverse Educator Scholarship Fund and Program; Established. HB 419 (Cole, J.G.)  would have established the Virginia Diverse Educator Scholarship Fund and Program, to be administered by the State Council of Higher Education for Virginia, for the purpose of annually providing to each Historically Black College or University in the Commonwealth (Hampton University, Norfolk State University, Virginia State University, and Virginia Union University) such sums as are necessary for each such institution to annually provide scholarships on a competitive basis to no more than two students who identify as African American, Asian, Hispanic or Latino, Native American or Native Alaskan, or Native Hawaiian or Pacific Islander; are accepted to or enrolled in such institution's education preparation program; and are eligible for a federal Pell Grant to attend such institution. The bill would have required each student who is awarded a scholarship pursuant to the Program to agree in writing to teach in a public elementary or secondary school in the Commonwealth in which at least half of the enrolled students qualify for free or reduced price lunch or are members of families whose income is below the federal poverty guidelines established by the U.S. Department of Health and Human Services upon graduation for a period that is at least as long as the period during which the recipient used scholarship funds to attend a Historically Black College or University and be mentored by an experienced teacher, as described in clause (d), during such period of employment.   HB 419 incorporated HB 804 (Askew).