In a surprising turn, Governor Bob McDonnell issued Executive Directive One today, directing that “No employee of the Executive Branch shall engage in any discriminatory conduct against another employee.”

In the directive, McDonnell wrote that:

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.

This comes on the heels of massive criticism of both McDonnell and Attorney General Ken Cuccinelli, who seemed to be working in tandem against the LGBT community.

Equality Virginia released the following:

The Governor took a major positive step forward today toward assuring that gay, lesbian, bi-sexual and transgender workers will not be subject to discrimination in state employment.   Equality Virginia applauds his implementation of a “standard of conduct” that recognizes that discrimination based on sexual orientation is unconstitutional  and establishes a strict prohibition against such discrimination in the state workforce.  At the same time, however, the directive is silent regarding discrimination based on gender identity, and does not afford any protection to students at our state colleges and universities, so it is clear that there is much work still to be done.

There is some debate over the difference between an Executive Order, and an Executive Directive.  According to the Department of Justice, there seems to be no difference between the two types of documents in how the directives within each are carried out. I’m not sure if there is any more difference in Virginia; however, an email issued to state employees seem to indicate that the directive is a work around for the governor, whereas an order would be in conflict with the law, saying:

While the separation of powers doctrine precludes the Governor from changing the Virginia Human Rights Act via Executive Order, he wants to be clear that discrimination in state employment will not be tolerated. As the chief executive officer for the Commonwealth, the Governor wants to establish a clear standard of conduct ensuring that all cabinet members, agency heads, managers, supervisors and employees of the Executive Branch understand and enforce state and federal law prohibiting employment discrimination. Independent agencies and state supported colleges and universities should likewise adopt a similar standard of conduct. This standard of conduct is set forth in the attached Executive Directive One.

McDonnell and Cuccinelli have gained negative national attention for their statements and actions regarding the LGBT community and discrimination policies in particular. Take John Stewart for example:

I applaud the Governor for stepping out and issuing this directive. It’s a step in the right direction for Virginia. I hope that he’ll work with the General Assembly to expand the kinds of protections that he has placed in his directive to all Virginians.

UPDATE: It seems that this manuever was nothing but a PR stunt in an attempt to not scare off businesses from coming to Virginia and an attempt to quell campus protests.

UPDATE: Senator Mary Margaret Whipple says McDonnell’s “Executive Directive” doesn’t change anything.

Related posts:

1. Smoke Screening Discrimination?
2. Elections Matter: McDonnell Leading Conservative Swing
3. Rachel Maddow: Bob Marshall and Bob McDonnell
4. From the State of the Union to action: “Don’t Ask, Don’t Tell” targeted
5. Bob McDonnell forgets about transportation