Virginia Gov. Bob McDonnell has directed state agencies not to discriminate against gay people, essentially overriding the state attorney general's advice to colleges.

In an executive directive released Wednesday afternoon, McDonnell stated:

"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.

"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."

McDonnell's directive Wednesday came amid a public uproar over Attorney General Kenneth Cuccinelli's letter last week telling public colleges they lack the authority to prohibit discrimination based on sexual orientation. Cuccinelli told colleges to rescind or change any anti-discrimination policies that include protection for gay people.

The Republican attorney general's letter was denounced by gay-rights groups and Democrats. In the letter, Cuccinelli said colleges can't include gays in their anti-discrimination policies without General Assembly authorization.

Lt. Gov. Bill Bolling today issued the following statement regarding employment discrimination policies in the Commonwealth:

“In recent days, Attorney General Ken Cuccinelli issued a letter to Virginia’s colleges and universities informing them that their internal employment discrimination policies could not prohibit discrimination on the basis of sexual orientation because such prohibitions were not authorized under state law. While the Attorney General’s legal advice is consistent with that of other Attorneys General before him, it has created some understandable confusion and concern.

“Earlier today, Gov. McDonnell issued a directive reiterating the policy of our administration as it relates to important employment practices. I agree wholeheartedly with that statement.

“As the Governor has said many times, we do not support and we will not tolerate employment related discrimination in any form. In this administration, personnel decisions will be based on qualification and performance, and prompt and appropriate disciplinary action will be taken against anyone who violates this policy.

“While various federal and state statutes set forth certain classifications in which employment related discrimination is prohibited as a matter of law, our policy and practice will be much broader than this. All state employees should take comfort in knowing that we will not tolerate employment related discrimination in any form or for any reason, including sexual orientation.”

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