Del. Kathy Tran

Virginia Human Rights Acts; discrimination onthe basis of disability. Adds discrimination on the basis ofdisability as an unlawful employment practice under the VirginiaHuman Rights Act. The bill also requires employers, defined in thebill, to make reasonable accommodation to the known physical and mentalimpairments of an otherwise qualified person with a disability, ifnecessary to assist such person in performing a particular job, unlessthe employer can demonstrate that the accommodation would imposean undue hardship on the employer. The bill also prohibits employersfrom taking any adverse action against an employee who requests oruses a reasonable accommodation, from denying employment or promotionopportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation tothe applicant or employee, or from requiring an employee to takeleave if another reasonable accommodation can be provided to the known limitations related to the disability. The bill creates a cause of action against any employer who denies any of the rights to reasonable accommodation afforded by the bill and permits the court or juryto award compensatory damages, back pay, and other equitable relief.

Access to water; human right. Recognizing that access to clean, potable, and affordable water is a necessary human right.

National Statuary Hall Collection at the United States Capitol; Barbara Rose Johns. Authorizes, and directs the submission to the Joint Committee of Congress on the Library, that the vacant spot of the Commonwealth in the National Statuary Hall Collection at the United States Capitol be filled with a statue to commemorate Barbara Rose Johns. The request is subject to written approval by the Governor and is made in accordance with the recommendation by the Commission for Historical Statues in the United States Capitol.

Racism; public health crisis. Recognizesthat racism is a public health crisis in Virginia.

Victims of COVID-19 Remembrance Day. DesignatingMarch 14, in 2021 and in each succeeding year, as Victims of COVID-19Remembrance Day in Virginia.

Equal Citizens Month. Designates November,in 2021 and in each succeeding year, as Equal Citizens Month in Virginia.

Virginia Human Rights Act; nondiscriminationin employment; sexual harassment and workplace harassment. Clarifies,by defining sexual harassment and workplace harassment, what constitutesan unlawful employment practice if engaged in by an employer. Thebill also provides (i) a nonexhaustive list of factors to considerwhen determining whether certain conduct constitutes workplace harassment; (ii) that a person claiming to be aggrieved by an unlawful discriminatory practice may file a written complaint with the Division of HumanRights within two years after the occurrence of the alleged unlawfuldiscriminatory practice; and (iii) that an aggrieved person who hasbeen provided a notice of his right to file a civil action for suchgrievance may do so within one year of receiving such notice andmay be awarded reasonable attorney fees, including costs and reasonablelitigation expenses, if the court or jury finds in his favor. Thebill also amends the definition of "employer" to mean a person employingfive or more employees, instead of 15 or more employees under currentlaw, for each working day in each of 20 or more calendar weeks inthe current or preceding calendar year, and any agent of such a person.

Virginia Redistricting Commission; removal of commissioners; emergency. Provides for the removal of a commissioner from the Virginia Redistricting Commission for neglect of duty or gross misconduct. Removal would require affirmative votes of at least six of the eight legislative commissioners and at least six of the eight citizen commissioners. Such a vote is required to be recorded and taken in a public meeting. The bill contains an emergency clause.

Study; Department of Conservation and Recreationand Virginia Department of Agriculture and Consumer Services; invasiveplant species work group; report. Requests the Department of Conservation and Recreation, jointly with the Department of Agricultureand Consumer Services, to establish a work group to study the saleand use of invasive plant species. The resolution requests that thedepartments work with several state agencies, conservation nonprofits,and plant industry and agriculture groups to develop recommendationsregarding statutory and regulatory changes intended to reduce oreliminate the sale and use of invasive plant species in the Commonwealthand promote the sale and use of native plants.

Redistricting; Virginia Redistricting Commission; transparency in redistricting process; reallocation of prison population. Requires meetings and hearings of the Virginia Redistricting Commission to be livestreamed, whether held virtually or in person, and to allow for public comment. Meetings and hearings that are held in person are required to be conducted in different regions of the Commonwealth, including the Northern Virginia region, the Central Virginia region, the Hampton Roads region, the Southside region, and the Southwest region. An additional public hearing is required to be held in the event that the initial plan for districts submitted by the Commission is rejected by the General Assembly. If adjustments are made to a proposed plan at any stage in response to public comment, the adjusted proposed plan is required to be published on the Commission's website and a public hearing is required to be held. The bill subjects the Supreme Court of Virginia and the special masters appointed by the Court for the establishment of districts to the same requirements and restrictions to which the Commission is subject, including provisions related to the Virginia Freedom of Information Act and the ban on ex parte communications. Additionally, the bill changes the reallocation of persons incarcerated in federal, state, or local correctional facilities whose address at the time of incarceration was located outside of the Commonwealth or cannot be determined. Currently, such persons are counted as residing at the location of the facility in which he's incarcerated; under the bill, such persons would not be included in the locality's population count and instead would be allocated to a state unit not tied to a specific determined geographic location.