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I. Prohibit sexual orientation discrimination in Fairfax County in employment, housing, public accommodations, credit, and education by amending the Fairfax County Human Rights Ordinance. 

A. Protections Against Discrimination 

1. Include invalidation of restrictive covenants based on sexual orientation as part of the Statement of Policy in the Human Rights Ordinance. 

Amend Section 11-1-1 by inserting the term "sexual orientation," after the word "sex". 

2. Amend definitions appropriately. 
 

a.  Define "sexual orientation" appropriately. 

Amend Section 11-1-2 by adding the following definition in alphabetical order: 

SEXUAL ORIENTATION means having a tendency to heterosexuality, homosexuality, or bisexuality; having a history of such a tendency; being perceived as having such a tendency; or having, having a history of, or being perceived as having a self-image or identity not traditionally associated with one’s biological maleness or femaleness.  

b. Exclude organizations that restrict membership on account of sexual orientation from the definition of "RELIGIOUS ORGANIZATION". 

Amend Section 11-1-2(30) by inserting the term "sexual orientation," after the word "sex".

c. Provide an inclusive definition of family that includes the families of gay, lesbian, bisexual, and transgendered persons for purposes of the definition of employer. 

Amend the definition of "family member" in Section 11-1-2(11) to include "domestic partners" and "children in the household". 

d. Define the term "restrictive covenant" to include restrictions on the basis of sexual orientation. 

Amend Section 11-1-2(32) by inserting the term "sexual orientation," after the word "sex". 
 

3. Prohibit sexual orientation discrimination in housing and real estate transactions. 
 
a. Amend Section 11-1-3(a) by inserting the term "sexual orientation," after the word "sex". 

b. Amend Section 11-1-3(a)(10) by inserting the term "sexual orientation," after the word "sex". 

c. Amend Section 11-1-3(a)(11) by inserting the term "sexual orientation," after the word "sex." 

d. Amend Section 11-1-3(b) by inserting the term "sexual orientation," after the word "sex". 
  
e. Amend Section 11-1-3(c)(1) by inserting the term "sexual orientation," after the word "sex". 

f. Amend the notice in Section 11-1-3(c)(2) by inserting "sexual orientation," after the word "sex".



4. Prohibit sexual orientation discrimination in employment. 
 
a. Amend Section 11-1-4(a) by inserting the term "sexual orientation," after the word "sex". 

b. Amend Section 11-1-4(b) by inserting the term "sexual orientation," after the word "sex". 

c. Amend Section 11-1-4(c) by inserting the term "sexual orientation," after the word "sex".

d. Amend Section 11-1-4(d) by inserting the term "sexual orientation," after the word "sex". 

e. Amend Section 11-1-4(e) by inserting the term "sexual orientation," after the word "sex". 

f. Amend Section 11-1-4(f)(1)(B) by inserting the term "sexual orientation," after the word "sex".



5. Prohibit sexual orientation discrimination in public accommodations. 

Amend Section 11-1-5(a) by inserting the term "sexual orientation," after the word "sex". 

6. Prohibit sexual orientation discrimination in credit. 

Amend Section 11-1-6(a) by inserting the term "sexual orientation," after the word "sex". 

7. Prohibit sexual orientation discrimination in education. 
 

a. Amend Section 11-1-7(a) by inserting the term "sexual orientation," after the word "sex". 

b. Amend Section 11-1-7(a)(2) by inserting the term "sexual orientation," after the word "sex".

All the procedures applicable to complaints and cases involving other types of 
discrimination must be applied to sexual orientation discrimination complaints and cases.  The Human Rights Commission ("the Commission") and staff would be charged with the investigation of complaints and enforcement.  It would be important for the Commission and staff to receive diversity training on sexual orientation issues, in addition to training on the revisions to the Human Rights Ordinance.  The Commission and staff would also ensure that the public is educated about the amendments. 

II. Prohibit sexual orientation discrimination against employees of Fairfax County by amending the Personnel Administration Code, Personnel Regulations, and related policies and practices. 

A. Protections Against Discrimination 

1. Include freedom from sexual orientation discrimination in the purposes of the Personnel Administration Code. 

Amend Section 3-1-1(a)(3) by inserting the term "sexual orientation," after the word "sex". 

2. Include discrimination on the basis of sexual orientation as a prohibited practice. 

Amend Section 3-1-21(d) by inserting the term "sexual orientation," after the word "sex". 

3. Include discrimination on the basis of sexual orientation as a grievable complaint. 

Amend Section 17.3-2(d) of the Personnel Regulations, "Chapter 17, 
Grievance Procedure," by inserting the term "sexual orientation," after the word "sex". 

4. Include sexual orientation in any applicable collective bargaining agreement. 

Negotiate into any collective bargaining agreement that may be applicable to County employees a prohibition against sexual orientation discrimination. 

5. Provide equal compensation for equal work. 

Amend policies and practices to extend to gay, lesbian, bisexual, and transgendered employees and their families, including domestic partners and children in the household, all benefits provided to heterosexual employees and their families.  This includes such benefits as health benefits, family and medical leave, bereavement leave, pension plans, and death benefits.

1. The Board of Supervisors would direct the County Equal Employment Opportunity (EEO) office to enforce the prohibitions against sexual orientation discrimination in an equal manner as prohibitions against discrimination on other prohibited bases.  The prohibition against sexual orientation discrimination must be effectively communicated to all job applicants, employees, and contractors, including revising all EEO materials and job announcements to reflect the new protections.  Diversity training fully integrating sexual orientation issues with other diversity issues would be provided to County employees. 

2. The Board of Supervisors would announce the new protections against sexual orientation discrimination to all county workers.

A. Protections Against Discrimination 

1. Prohibit sexual orientation discrimination against County contractors' employees. 

Amend the non-discrimination clause used in County contracts to prohibit sexual orientation discrimination and amend any related policies and practices. 

2. Prohibit sexual orientation discrimination by County grantees. 

Amend Section 9-8-6 of the County Code by inserting the term "sexual 
orientation," after the word "sex" and amend any other County Code 
provisions, regulations, policies, and practices to apply a similar prohibition to other grantees. 

3. Prohibit sexual orientation discrimination in the provision of County services. 

Add a provision to the County Code and Personnel Regulations to prohibit County employees from discriminating against members of the public or in the awarding of County contracts or grants, on a prohibited basis, including on the basis of sexual orientation.

The Board of Supervisors would direct the County procurement officers to enforce the prohibitions against sexual orientation discrimination in an equal manner as prohibitions against discrimination on other prohibited bases, including seeking remedies available for breach of County contracts against employers who discriminate. 

FACE is a non-partisan, non-sectarian coalition that welcomes as members all individuals and organizations sharing this commitment.