Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/21/2020  

Constitutional officers; hiring notices.

Allows constitutional officers to use the local government's official website and related social media platforms to advertise employment positions.

Date Version PDF TXT
01/07/2020 House: Prefiled and ordered printed; offered 01/08/20 20102245D Open

            

2020 SESSION

    20102245D
    HOUSE BILL NO. 1028
    Offered January 8, 2020
    Prefiled January 7, 2020
    A BILL to amend and reenact � 15.2-1604 of the Code of Virginia, relating to constitutional officers; hiring notices.
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    Patron-- Adams, L.R.
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    Referred to Committee on Counties, Cities and Towns
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    Be it enacted by the General Assembly of Virginia:

    1. That � 15.2-1604 of the Code of Virginia is amended and reenacted as follows:

    15.2-1604. Appointment of deputies and employment of employees; discriminatory practices by certain officers; civil penalty.

    A. It shall be an unlawful employment practice for a constitutional officer:

    1. To fail or refuse to appoint or hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of appointment or employment, because of such individuals race, color, religion, sex or national origin; or

    2. To limit, segregate, or classify his appointees, employees or applicants for appointment or employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of the individuals race, color, religion, sex or national origin.

    B. Nothing in this section shall be construed to make it an unlawful employment practice for a constitutional officer to hire or appoint an individual on the basis of his sex or national origin in those instances where sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular office. The provisions of this section shall not apply to policy-making positions, confidential or personal staff positions, or undercover positions.

    C. With regard to notices and advertisements:

    1. Every constitutional officer shall, prior to hiring any employee, advertise such employment position in a newspaper having general circulation or a state or local government job placement service in such constitutional officers locality, or on the local governments official website and related social media platforms, except where the vacancy is to be used (i) as a placement opportunity for appointees or employees affected by layoff, (ii) as a transfer opportunity or demotion for an incumbent, (iii) to fill positions that have been advertised within the past 120 days, (iv) to fill positions to be filled by appointees or employees returning from leave with or without pay, (v) to fill temporary positions, temporary employees being those employees hired to work on special projects that have durations of three months or less, or (vi) to fill policy-making positions, confidential or personal staff positions, or special, sensitive law-enforcement positions normally regarded as undercover work.

    2. No constitutional officer shall print or publish or cause to be printed or published any notice or advertisement relating to employment by such constitutional officer indicating any preference, limitation, specification, or discrimination, based on sex or national origin, except that such notice or advertisement may indicate a preference, limitation, specification, or discrimination based on sex or national origin when sex or national origin is a bona fide occupational qualification for employment.

    D. Complaints regarding violations of subsection A may be made to the Division of Human Rights of the Department of Law. The Division shall have the authority to exercise its powers as outlined in Article 4 (� 2.2-520 et seq.) of Chapter 5 of Title 2.2.

    E. Any constitutional officer who willfully violates the provisions of subsection C shall be subject to a civil penalty not to exceed $2,000.

    Picture Name From Date Type
    Leslie R. (Les) Adams R-Richmond Sponsor
    Date Branch Action
    01/30/2020 House House: Subcommittee failed to recommend reporting (2-Y 3-N)
    01/21/2020 House House: Assigned CC & T sub: Charters
    01/07/2020 House House: Prefiled and ordered printed; offered 01/08/20 20102245D
    01/07/2020 House House: Referred to Committee on Counties, Cities and Towns
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    House 1/21/2020 12:00:00 AM 2 3 0
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