Virginians' protection from discrimination still two-tiered after Gov. Spanberger signs Virginia Human Rights Act without closing loophole

RICHMOND, Va. — The legislation Gov. Abigail Spanberger signed Monday night updating the Virginia Human Rights Act (VHRA) neglected to waive sovereign immunity, leaving in place a legal shield that blocks Virginians from being able to seek justice for discrimination they experience at the hands of state and local government entities.

As a result, Virginians who experience discrimination in public employment or in other government settings face different legal standards than those harmed in the private sector, functionally blocking equal protection from discrimination.

“This legislation makes some progress, but progress is not the same as equality,” said ACLU of Virginia Policy Director Chris Kaiser. “Failing to waive sovereign immunity leaves countless Virginians – including more than 500,000 public-sector employees – with a two-tiered system of justice. If public institutions can still shield themselves from accountability for discrimination, then the law still falls short where it matters most.”

“While we are grateful for the meaningful updates to the Virginia Human Rights Act, the failure to include a sovereign immunity waiver is a punch in the gut to LGBTQ+ Virginians,” said Equality Virginia Executive Director Narissa Rahaman. “As federal civil rights protections are rolled back, Virginia has a responsibility to ensure our civil rights protections are strong and enforceable everywhere. No one should be immune from our civil rights laws. Virginians deserve the ability to hold their government accountable. We remain committed to working with the General Assembly and Governor Spanberger to close this gap.”

“With the gutting of federal civil rights oversight programs, as well as weakened judicial interpretations of federal civil rights laws, we hoped the VHRA could fill the gap in protecting Virginia's vulnerable students facing discrimination,” said Legal Aid Justice Center Senior Attorney Amy Walters. “Unfortunately, though reports of discrimination in Virginia's schools dominate our intakes, without a waiver of sovereign immunity, the VHRA lacks the necessary enforcement mechanisms to hold school districts accountable.”

“The people who serve our communities in public schools and other public institutions should have the same protections from discrimination as anyone else,” said Virginia Education Association President Carol Bauer. “But as long as sovereign immunity remains in place, public employees are still operating under a different and weaker standard. That’s a fundamental fairness issue, and it’s one we must address.”