Del. Kathleen Murphy

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.

Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; prohibition on using negative credit information that arose during a closure of the United States Government against certain applicants for tenancy; penalty. Prohibits a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units in the Commonwealth from taking any adverse action against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during a closure of the United States government when such applicant was a directly affected individual, defined as an individual who was furloughed or otherwise did not receive payments as a result of a closure of the United States government and was (i) an employee of the United States government, (ii) an independent contractor of the United States government, or (iii) an employee of a company under contract with the United States government. If such a landlord denies an applicant for tenancy, the bill requires the landlord to provide the applicant written notice of the denial and of the applicant's right to assert that his failure to qualify was based solely on payment history or an eviction based on nonpayment of rent that occurred during the proscribed period when such applicant was a directly affected individual. If a landlord does receive a response from the applicant asserting such a right, and the landlord relied upon a consumer or tenant screening report, the landlord must make a good faith effort to contact the generator of the report to ascertain whether such determination was due solely to the applicant for tenancy's payment history or an eviction for nonpayment that occurred during the proscribed period and that such applicant was a directly affected individual. The bill permits an applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements.

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.

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.

Access to firearms; cohabitants; civil penalty. Makes it unlawful for an individual residing or cohabitating with any person who such individual knows or has reason to believe is prohibited from possessing or transporting a firearm to allow such person access to any firearm. The bill requires such individual to store such firearm in a manner that is inaccessible to such co-resident. If an individual violates any provision of the bill and the co-resident uses such firearm during the commission of a crime, such individual will be subject to a civil penalty of not more than $500, except for any crime committed against such individual. The bill further provides that an individual who lawfully possesses a firearm is not in violation of the provisions of the bill if he carries the firearm on or about his person or exercises control of the firearm.