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Just developing right now at the State Capitol. Governor Bob McDonnell’s Chief of Staff Martin Kent has just passed along  “Executive Directive #1″. The essence of the directive reminds state agencies that “employment discrimination for any reason other than merit and ability has no place in state government”.

The letter from Kent, reminds State Employees that it is the administration’s position that the Governor cannot change the Virginia Human rights act on his own, but that the state workers should not fear for their job for any other reason than merit.

The Governor is expected to speak on this issue soon. We will have more on NBC12.com and NBC12-tv.

Here is the full text from the directive:
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STANDARD OF CONDUCT FOR CABINET MEMBERS, EXECUTIVE BRANCH AGENCY
HEADS, MANAGERS, SUPERVISORS AND EMPLOYEES CONCERNING EMPLOYMENT DISCRIMINATION

As the chief executive officer for the Commonwealth of Virginia, I hereby establish a standard of conduct to ensure that all cabinet members, Executive Branch agency heads, managers, supervisors and employees
understand and enforce state and federal law prohibiting employment discrimination.

Employment discrimination of any kind will not be tolerated by this Administration. The Virginia Human Rights Act recognizes the unlawfulness of conduct that violates any Virginia or federal statute or regulation governing discrimination against certain enumerated classes of persons. The Equal Protection Clause of the United States Constitution prohibits discrimination without a rational basis against any class of persons.

Discrimination based on factors such as one’s sexual orientation or parental status violates the Equal Protection Clause of the United States Constitution. Therefore, discrimination against enumerated classes of persons set forth in the Virginia Human Rights Act or discrimination against any class of persons without a rational basis is prohibited.

Consistent with state and federal law, and the Virginia and United States Constitutions, I hereby direct that the hiring, promotion, compensation, treatment, discipline, and termination of state employees shall
be based on an individual’s job qualifications, merit and performance. No employee of the Executive Branch shall engage in any discriminatory conduct against another employee.

Executive Directive 1 (2010)

Executive Directive 1 (2010)
Page 2
Allegations of any violation of the law or this standard of conduct shall be brought promptly to the attention of the Director of the Department of Human Resource Management for review and corrective action. Any cabinet member, agency head, manager, supervisor or employee who discriminates against a state employee or prospective employee in violation of the law or this standard of conduct shall be subject to appropriate disciplinary action, ranging from reprimand to termination.

I further direct agency heads to ensure that every manager and supervisor in their respective agency is aware of and enforces this standard of conduct. Civility, fair treatment, and mutual respect shall be the standard of conduct expected in state employment.
/s/ Robert F. McDonnell, Governor