Virginia

Legal Help Desk

Call us or submit your legal questions online.

Find Your State

Know the laws in your state that protect LGBT people and people living with HIV.

Photo: Getty

Workplace

OpenClose

Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?

Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?

YES

Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?

YES

Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

See Va. Code Ann. § 2.2-3901 (2002) and Va. Code Ann. § 36-96.3 (2002).

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.

HIV & Healthcare

OpenClose

Does the state explicitly ban transgender exclusions in health insurance?

Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?



Does this state have an HIV criminalization law?

YES, Virginia has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct, and the statute explicitly includes very low or no-risk sexual activities. A violation of this statute is classified as a either a felony or a misdemeanor, depending on the circumstances.



Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in this state in recent years?

YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Virginia.



Does this state have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

NO, Virginia does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.



Does this state have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

NO, Virginia does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.

Parenting

OpenClose



Who may adopt?

Any natural person. See VA Code Ann. 63.2-1201.



Second-parent adoptions:

It appears that VA Code Ann. 63.2-1241 allows for second parent adoptions: "In cases in which the spouse of a birth parent or parent by adoption who is not the birth parent of a child wishes to adopt the child, the birth parent and his spouse may file a petition for adoption in the circuit court of the county or city where the birth parent and his spouse reside or the county or city where the child resides. The petition shall be the joint petition of the birth parent and his spouse but the birth parent shall unite in the petition for the purpose of indicating consent to the prayer thereof only."



Joint adoptions?

It appears that VA Code Ann. 63.2-1201 allows for joint adoptions: "In the case of married persons, or persons who were previously married who are permitted to adopt a child under 63.2-1201.1, the petition shall be the joint petition of the husban and wife or former spouses but, in the event the child to be adopted is legally the child by birth or adoption of one of the petitioners, such petitioner shall unite in the petition for the purpose of incidating consent to the prayer thereof only."

Generally hostile environment. Although the State signed off on adoption of foster child in D.C. by Virginia lesbian living with partner in Kaufman v. Va. Dept. of Social Services, she required Lambda Legal assistance in overcoming resistance.