This page will be updated as soon as the new law is codified.
§ 11-1-1. Statement of policy.
§ 11-1-3. Unlawful practices--Housing and real estate transactions.
§ 11-1-4. Unlawful practices--Employment.
§ 11-1-5. Unlawful practices-Public accommodations.
§ 11-1-6. Unlawful practices--Credit.
§ 11-1-7. Unlawful practices--Education.
§ 11-1-8. Unlawful practices--Retaliation.
§ 11-1-9. Human Rights Commission.
§ 11-1-10. Functions and powers of the Commission.
§ 11-1-11. Conduct of the Commission.
§ 11-1-12. Enforcement proceedings initiated by the filing of a complaint.
§ 11-1-13. Hearing held by the Commission.
§ 11-1-14. Decisions by the Commission.
§ 11-1-15. Enforcement proceedings initiated by the Commission.
§ 11-1-16. Enforcement by County agencies.
§ 11-1-17. Inspections, records and notices.
§ 11-1-18. Savings provisions and non-abatement of matters.
§ 11-1-19. Non-exclusive remedy.
ARTICLE l.
In General.
Section 11-1-1. Statement of policy.
The continued harmonious relations among all people are hereby declared essential to the welfare, health, and safety of the residents of Fairfax County. It is contrary to the public policy of the County to permit those conditions to arise or continue unabated which impede the peaceful coexistence of all people in the County, threaten peace and good order and adversely affect the physical, economic and social well-being of the residents. It is the duty of this government to exercise all available means and every power at its command to prevent the same so as to protect its residents from such perils. To this end, it is essential that the government of this County assume the initiative for repairing the consequences of past denials of equal opportunities, preventing denials of these opportunities in the future, and eliminating the underlying causes of discrimination. It is the dual purpose of this Chapter to institute an affirmative human rights program of positive efforts to eliminate discrimination and to provide the citizen recourse for discriminatory acts. Therefore, in order to secure and promote the health, safety and general welfare of the residents of this County, it is declared to be the policy of the County to ensure that all persons be afforded equal opportunity to participate, on the basis of personal merit, in the social, cultural, economic, and other phases of community life free from any discrimination, and to that end the governing body adopts this Chapter of the Code of the County of Fairfax, Virginia; and it is further declared to be the policy of the County that any provision in a deed, mortgage, deed of trust or other instrument affecting title to or any interest in land or housing recorded in the land records of this County which purports to restrict or affect, on the basis of age, race, color, religion, sex, national origin, marital status, disability, or familial status or the holding, occupancy or transfer of any interest in land or housing (except that familial status shall apply only to housing), shall, on and after the effective date of this Chapter be wholly invalid for any purpose.
(39-91-11.)
For the purposes of this
Chapter:
(2) Commission shall mean the Human Rights Commission, as established herein.
(3) Complainant shall mean any person who files a complaint with the Commission, alleging that a violation of this Chapter has been committed.
(4) Complaint shall mean any written allegation sufficient to indicate that a named respondent has committed a violation of this Chapter.
(5) County shall mean the County of Fairfax, Virginia.
(6) Disability shall mean any condition or characteristic that renders a person a disabled person.
(7) A disabled person shall
mean any person who:
(b) Has a history of, has been misclassified or has been perceived as having an impairment which substantially limits one (1) or more major life activities;
(c) Has a physical or mental impairment that does not substantially limit major life activities but is treated by others as constituting such a limitation;
(d) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment.
(8) Discriminate or Discrimination or Discriminatory shall mean or describe any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or any other act or failure to act or any other differentiation or preference of or for any person or any other difference in treatment which adversely affects such person.
(9) Discrimination based on sex shall include, but shall not be limited to, discrimination because of or on the basis of pregnancy, childbirth or related medical conditions; and women affected by pregnancy, childbirth or related medical conditions shall be treated under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in this Chapter shall be interpreted to permit otherwise. This Chapter shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion; provided, that nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.
(10) Educational institution shall mean any nursery, kindergarten, elementary or secondary school, academy, college, university, extension course or nursing, secretarial, business, vocational, technical, trade or professional school, or joint apprenticeship program.
(11) Employer shall mean any person who, within the County, in exchange for wages, salaries, commission or other benefits, employs four (4) or more persons who are not family members to the employer (if an individual) or to any partner or majority shareholder of the employer (if a partnership or a corporation) and who are not employed in domestic service in the employer's personal residence. For purpose of this section, family member shall mean:
spouse
brother
parent
half sister
child
half brother
stepparent
stepsister
stepchild
stepbrother
grandparent
aunt
grandchild
uncle
sister
niece
(12) Employment agency shall mean all persons, including newspapers publishing help-wanted advertisements who with or without compensation undertake to solicit or advertise in the County for potential employees or refer persons for potential employment in the County.
(13) Executive Director shall mean the person appointed to the position of Executive Director of the Human Rights Commission or the Executive Director's designated representative.
(14) Familial status shall
mean one (1) or more individuals (who have not attained the age of eighteen
(18) years) being domiciled with:
(B) The designee of such parent or other person having such custody, with the written permission of such parent or other person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.
(15) Housing shall mean any building, structure, mobile home site or facility, or portion thereof, located in the County that is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one (1) or more persons, groups or families, and any vacant land located in Fairfax County offered for sale or lease for the purpose of constructing or locating thereon such building, structure or facility, and includes any interest in land or housing as so defined, fee simple, leasehold or other.
(16) Labor organization shall mean any association organized for mutual benefit and operating as a labor union, association, committee or organization for the purpose of collective bargaining and other lawful functions of labor unions, or any employee representation committee, any of whose members are employed in the County whether or not having a duly authorized charter as a local labor union from either a state or national labor organization, and whether or not registered with the State Department of Labor.
(17) Lending institution shall mean any bank, insurance company, savings and loan association, finance company, credit union, mortgage company, or any other person regularly engaged in the business of lending money or guaranteeing loans or furnishing consumer credit or other credit-related services.
(18) Major life activities means functions such as, but not limited to, caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(19) Mental impairment means any mental or psychological disorder, such as mental retardation, organic brain syndrome, neurological, emotional or mental illness, and specific learning disabilities. This shall not include alcoholism or drug addiction.
(20) Notice of investigation shall mean any formal statement issued by the Commission, on a form to be prepared by the Commission, alleging that any person has committed a violation of this Chapter and thereby initiating an investigation of such alleged violation.
(21) Party shall mean any Complainant or Respondent.
(22) Person shall mean any individual or individuals, partnership, association, corporation, joint-stock company, labor union, mutual company, trustee in bankruptcy, receiver or other fiduciary, or the agent, legal representative or employee thereof.
(23) Physical impairment means any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one (1) or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine.
(24) Public accommodation shall mean and include every business, professional or commercial enterprise, hospital or nursing home, refreshment, entertainment, sports, recreation or transportation facility located in the County, whether licensed or not, public or private, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available in any manner to the public. "Public accommodation" does not include a bona fide private club or other establishment not in fact open to the public.
(25) Qualified disabled person
shall mean:
(B) With respect to other goods or services, means any disabled person who meets the essential nondiscriminatory eligibility requirements for the receipt of such goods or services.
(26) Real estate broker shall mean a person doing business in the County of Fairfax who is the holder of a real estate broker's license issued pursuant to applicable laws of the Commonwealth of Virginia.
(27) Real estate sales person shall mean a person doing business in the County of Fairfax who is the holder of a real estate license issued pursuant to applicable laws of the Commonwealth of Virginia.
(28) Real estate transaction shall mean any sale, exchange, rental, lease, assignment, sublease or other transfer of housing, vacant land or commercial property.
(29) Reasonable accommodation shall mean the efforts necessary to make suitable an environment for a disabled person without undue hardship or undue expense to a business or employer.
(30) Religious organization shall mean any organization, association or society organized or operated for exclusively religious purposes or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, unless membership in such organization, association or society is restricted on account of age, race, color, national origin, sex, disability or marital status for a non-religious reason.
(31) Respondent shall mean any person alleged in any complaint filed with the Commission, or any Notice of Investigation issued by the Commission, to have violated this Chapter.
(32) Restrictive covenant shall mean any specification purporting to restrict or affect the holding, occupancy, ownership, rental, lease, or transfer of any interest in land or housing on the basis of race, color, religion, sex, marital status, national origin or disability.
(39-91-11.)
Section 11-1-3. Unlawful practices--Housing and real estate transactions.
(a) It shall be unlawful
for any person, including but not limited to any real estate broker, real
estate sales person, or rental agent acting on his or her own behalf or
on behalf of any person, on the bases of age, race, color, religion, sex,
national origin, disability, marital status or familial status (except
familial status applies only to housing):
(2) To represent that housing, vacant land or commercial property is not available for inspection, sale, lease, sublease, rental, assignment or other transfer when in fact it is so available;
(3) To knowingly represent that housing, vacant land or commercial property is available for inspection, sale, lease, sublease, rental, assignment or other transfer at rates or on terms or conditions different from those at which it is in fact available to the generality of persons or to otherwise discriminate against any person in the terms, conditions or privileges of sale or rental of housing;
(4) To fail to provide services, facilities or other amenities connected with one's ownership, lease, sublease, rental, possession or occupancy of housing, vacant land or commercial property;
(5) To interfere with, interrupt or terminate one's ownership, lease, sublease, rental, possession or occupancy of housing, vacant land or commercial property or other enjoyment of any interest therein;
(6) To discriminate in the investigation of complaints;
(7) To deny access to, membership or participation in, or other benefit of any multiple-listing service or other service, organization or facility related to any real estate transaction;
(8) To include in the terms or conditions of any sale, lease, sublease, rental, assignment, or other transfer of housing, vacant land or commercial property any condition or provision that purports to forbid or discourage or attempts to discourage the ownership, leasing, possession, occupancy or use of such housing, vacant land or commercial property;
(9) To make, print or publish or cause to be made, printed or published any notice, statement or advertisement, in connection with, any real estate transaction that indicates discrimination or an intention to engage in discrimination;
(10) To make or use a written or oral inquiry or form of application or photograph in connection with any real estate transaction that elicits or attempts to elicit information concerning age, race, color, religion, sex, national origin, marital status, disability or familial status. With respect to marital status, this does not preclude questions regarding income on a joint application;
(11) To solicit the sale, lease, sublease, rental, assignment or other transfer of housing, vacant land or commercial property or discourage the purchase, lease, sublease, rental, assignment or other transfer of housing, vacant land or commercial property by representations regarding the existing or potential proximity of real property owned, used or occupied by a person or persons of a particular age, race, color, religion, sex, national origin, marital status, disability or familial status; or
(12) To display a sign or otherwise represent that housing, vacant land or commercial property is available for inspection, sale, lease, sublease, rental, assignment or other transfer when in fact it is not so available.
(b) It shall be unlawful
for any person who prepares or supervises the preparation of any deed,
mortgage, deed of trust or other instrument affecting title to or any interest
in housing, vacant land or commercial property in the County on the basis
of age, race, color, religion, sex, national origin, disability, marital
status or familial status (except that familial status applies only to
housing), to knowingly:
(2) Fail to include in any report or abstract of title pertaining to housing, vacant land or commercial property located in Fairfax County, prepared or furnished by him/her, a notation that any restrictive covenant contained therein is invalid and unenforceable; or
(3) Fail to include in any deed, mortgage, deed of trust or other instrument affecting title to or any interest in housing, vacant land or commercial property in the County, where any restrictive covenant is incorporated by reference to another document or instrument, a statement that such restrictive covenant is invalid and unenforceable.
(c) The Clerk of the Circuit
Court shall:
(2) Post in a conspicuous location in the main clerk's office and in the record room a notice that contains the following language printed in black on a light-colored background, in not less than fourteen-point type:
"It is a violation of the Human Rights Ordinance of the County of Fairfax, Virginia, for any person to include any provision in any deed, mortgage, deed of trust, or other instrument affecting title to or any interest in housing, vacant land or commercial property which purports to restrict or affect, on the basis of age, race, color, religion, sex, national origin, marital status or disability or familial status the holding, occupancy, or transfer of any interest in land or housing, vacant land or commercial property and any such provisions are invalid and unenforceable (except that familial status applies only to housing).
Fairfax County Code, SECTION 11-1-3"
This language shall also be imprinted or affixed to every liber volume in the custody of the Clerk of the Court. The Clerk of the Court shall also exhibit in a conspicuous location in the main clerk's office and in the record room a copy of this Chapter.
(d) Exemptions:
(B) Maintain an establishment which provides sleeping accommodations exclusively to persons of the same sex;
(C) Restrict the rental or leasing of a room or rooms in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence;
(D) Require that a person have legal capacity to enter into an irrevocable contract;
(E) Fail to exercise a higher degree of care for a person with a disability than for a person without a disability by any person selling, renting or leasing property.
(2) It is not a violation
of this Section for a religious organization to:
(B) Limit admission to or give preference in its accommodations, facilities or services to persons of the same religion or denomination or to make a selection of applicants or individuals where such preference is reasonably calculated to promote the religious principles for which it is established or maintained;
(3) Upon application and for good cause shown, the Commission may by written ruling permit any housing facility to restrict occupancy of such housing facility to persons of a specified age or sex.
(39-91-11.)
Section 11-1-4. Unlawful practices--Employment.
(With respect to provisions of this Section, actions on the basis of disability apply only to otherwise qualified disabled persons as defined in Section 11-1-2(25).)
(a) It shall be unlawful
for any employer on the basis of age, race, color, religion, sex, national
origin, marital status or disability;
(2) To discharge an employee;
(3) To deny an employee any opportunity with respect to hiring, promotion, tenure, apprenticeship, compensation, terms, upgrading, training programs, or other conditions or privileges of employment; or
(4) To prevent an individual from taking a competitive examination or otherwise deny any benefits pertaining to the grading or processing of applications with respect to any aspect of employment;
(b) It shall be unlawful
for any employment agency on the basis of age, race, color, religion, sex,
national origin, marital status or disability:
(2) To comply with any request by an employer for referral of applicants if the request indicates, directly or indirectly, that the employer desires any discriminatory limitation of applicants.
(c) It shall be unlawful
for a labor organization on the basis of age, race, color, religion, sex,
national origin, marital status or disability:
(2) To deny a member or an applicant an opportunity with respect to hiring, seniority, tenure, referral, apprenticeship, compensation, terms, upgrading, training programs, or other conditions or privileges of membership or employment; or
(3) To expel a member from membership.
(d) It shall be unlawful for any person to circulate or publish any notice or advertisement related to employment or membership in a labor organization which indicates, directly or indirectly, any preference, limitation, specifications, or discrimination based upon age, race, color, religion, sex, national origin, marital status or disability.
(e) It shall be unlawful for any member of a joint labor-industry apprenticeship committee or board to participate in any act of discrimination on the basis of age, race, color, religion, sex, national origin, marital status or disability notwithstanding the fact that the employer members of such committee or board are not in fact the employer of an apprentice against whom an act of discrimination has been committed.
(f) Exemptions:
(B) Restrict employment to persons of a particular religion, sex, national origin, age, physical or emotional standard, where such religion, sex, national origin, age, physical or emotional standard is a bona fide occupational qualification.
(C) Take actions on the basis of a disability, pursuant to law or regulation governing any employment or training program, which is designed to benefit persons of a particular disabled group.
(D) Advertise and offer employment only to disabled persons when other employment compatible with their ability would not be available to disabled persons because of their disability.
(2) Nothing in this Section shall be construed to apply to educational institutions with respect to discrimination in the employment of teachers or administrators on the basis of emotional or mental illness or other mental or physiological disorder(s), such as mental retardation, organic brain syndrome and specific learning disabilities, unless the teacher or administrator can establish that such disability does not affect, and does not present a reasonable risk of affecting, his or her ability to perform any of the essential duties of his or her job.
(3) To require that a person have legal capacity to enter into an irrevocable contract.
(39-91-11.)
Section 11-1-5. Unlawful practices--Public accommodations.
(a) It shall be unlawful for any person or public accommodation to discriminate against any person on the basis of age, race, color, religion, sex, national origin, marital status or disability with respect to the access, use of, benefit of, or enjoyment of goods, services, facilities, privileges or any other advantages of any public accommodation, or to make or publish any statement evidencing an intent to do so.
(b) Exemptions:
(B) For an organization to limit participation in contact sports on the basis of sex. For the purpose of this Section, contact sports shall include boxing, wrestling, rugby, ice hockey, football, basketball and other sports the purpose or major activity of which involves bodily contact.
(C) To require that a person have legal capacity to enter into an irrevocable contract.
(2) Upon application and for good cause shown, the Commission may by written ruling permit any public accommodation facility to restrict access to such public accommodation facility to persons of a specified age or sex.
(39-91-11.)
Section 11-1-6. Unlawful practices--Credit.
(a) It shall be unlawful
for any lending institution on the basis of age, race, color, religion,
sex, national origin, marital status or disability to:
(2) Deny or terminate credit or credit-related services or to affect adversely a person's credit rating or standing.
(b) Exemptions: It is not
a violation of this Section:
(2) To require that a person have legal capacity to enter into an irrevocable contract.
(39-91-11.)
Section 11-1-7. Unlawful practices--Education.
(a) It shall be an unlawful
act for any educational institution or its agents, employees, or officers
on the basis of age, race, religion, sex, national origin, color, marital
status or disability:
(2) To require, or cause to be required, that a photograph of any applicant for admission to an educational institution, or information regarding age, race, color, religion, sex, national origin, marital status or disability of such applicants, be submitted with any form of application for admission, unless such information is sought solely for the purpose of implementing a bona fide affirmative action program.
(3) To comply with any request by a potential employer that indicates, directly or indirectly, that the employer desires any unlawful discriminatory limitation in its efforts to recruit students on the educational institution's premises or in the employer's use of placement facilities for referral of students for employment or in such employer's participation in any job-training or work-study program operated by or in conjunction with the educational institution.
(b) Exemptions:
(B) To limit admission or to give preference to persons of the same religion or denomination as the educational institution or to make a selection of applicants or individuals that is reasonably calculated to promote the religious principles for which it is established or maintained.
(C) To limit participation in contact sports on the basis of sex. For the purpose of this Section, contact sports shall include boxing, wrestling, rugby, ice hockey, football, basketball, or other sports the purpose or major activity of which includes bodily contact.
(D) To require that a person have legal capacity to enter into an irrevocable contract.
(39-91-11.)
Section 11-1-8. Unlawful practices--Retaliation.
It shall be unlawful for any person:
(a) To directly or indirectly cause or coerce, or attempt to cause or coerce, any person to do any act declared to be an unlawful act under this Chapter;
(b) To directly or indirectly engage in economic reprisal, to do, threaten to do, or attempt to do harm to any person or property or to otherwise retaliate against any person because such person has opposed any practice based on a good faith belief that it is unlawful under this Chapter, or has complied with the terms of this Chapter, or has had a complaint filed in his or her behalf, or has filed a complaint or has testified, assisted or participated in any manner in any investigation, proceeding or hearing under this Chapter or exercised or attempted to exercise any right conferred herein.
(39-91-11.)
Section 11-1-9. Human Rights Commission.
(a) There is hereby created in the County of Fairfax a Human Rights Commission, hereinafter referred to as the Commission. The Commission shall consist of twelve (12) members who shall be residents of the County and broadly representative of the racial, sexual, religious, ethnic, disabled and age groups in the County. The members shall be appointed by the Board of Supervisors and shall be entitled to receive such compensation as the Board of Supervisors shall direct. Of the members first appointed, four (4) shall be appointed for terms of three (3) years, four (4) shall be appointed for terms of two (2) years, and three (3) shall be appointed for terms of one (1) year. Thereafter, members shall be appointed for terms of three (3) years each. Any vacancy shall be filled by the Board of Supervisors for the unexpired portion of a term.
(b) There shall be an Executive Director of the Commission, who shall be appointed by the Board of Supervisors upon the joint recommendation of the Commission and the County Executive and who shall serve full time in that capacity. The Board of Supervisors shall authorize the Commission to employ such additional staff personnel as are deemed warranted to secure effective compliance with this Chapter.
(c) Legal counsel shall be provided to the Commission through the office of the County Attorney. The Office of the County Attorney may authorize retention of outside counsel where deemed appropriate. Unless otherwise directed the Office of the County Attorney shall, during actions consistent with this Chapter, adhere to the rules and regulations as prescribed by the Board of Supervisors.
(39-91-11.)
Section 11-1-10. Functions and powers of the Commission.
(a) Functions: The function
of the Commission shall be to eliminate discrimination in housing, public
accommodations, employment, education, and credit facilities by:
(2) Conciliating individual complaints of any acts or practices prohibited under this Chapter;
(3) Negotiating with wide sectors of business, unions, professions, official agencies and private organizations for the taking of action by them to improve opportunities available to persons protected by this Chapter;
(4) Rendering advice concerning the establishing of voluntary affirmative action programs; provided, however, that under no circumstances shall the Commission or its staff approve or ratify any such affirmative action program unless the affirmative action plan is implemented pursuant to a conciliation agreement entered into between the parties;
(5) Making studies and issuing reports on the condition of human rights in the county; and
(6) Advising the Board of Supervisors on matters relating to human rights issues as they pertain to the health, safety and general welfare of persons protected by this Chapter.
(b) Powers: The Commission,
except for allegations of discrimination against the County, its boards,
commissions, departments, agencies, officers, or employees, shall have
the power:
(2) To request that any party produce for examination any books, records, papers or other documents or tangible evidence, or that any party answer written interrogatories or oral questions, relating to any matter under investigation by the Commission.
(3) To use methods of persuasion, conciliation and mediation or informal adjustment of grievances, to hold public hearings, and, in the case of complaints of alleged unlawful discriminatory acts, to make findings of fact, issue recommendations and publish its findings of fact and recommendations in order to foster compliance with this Chapter.
(4) To investigate by means of public hearings or otherwise any particular or general conditions having an adverse affect upon any rights protected by this Chapter including alleged violations of this Chapter.
(5) To request the attendance of witnesses at public hearings, fact finding conferences or other investigative forums conducted by the Commission and to take the testimony of such persons under oath or affirmation.
(6) To use such voluntary and uncompensated services of private persons, institutions, civic organizations, officials and advisory committees as may from time to time be offered and needed to perform advisory functions.
(7) To gather and disseminate information about discrimination and other human rights problems affecting the social, economic, cultural and other phases of community life within the County.
(8) To establish a forum for discussing discrimination and other human rights problems within the County and to form committees with representatives from concerned groups within the County to study and propose solutions to discrimination and other human rights problems within the County.
(9) To encourage the establishment of advisory committees within County agencies and, when requested by the Board of Supervisors, to establish such an advisory committee or committees.
(10) To adopt, promulgate, amend and rescind, subject to the approval of the Board of Supervisors, rules and regulations to effectuate the purposes and provisions of this Chapter. The Commission shall forward all proposed rules and regulations to the Board of Supervisors for their approval and such rules and regulations shall be deemed approved unless the Board of Supervisors within sixty (60) days of receipt specifically disapproves such rules and regulations.
(11) Whenever the Commission has a reasonable cause to believe that any person has engaged in or is engaging in any violation of this Chapter, and after making a good faith effort to obtain the data, information and attendance of witnesses necessary to determine whether such violation has occurred, the Commission is unable to obtain such data, information or attendance, may request the County Attorney, with the approval of the Board of Supervisors, to petition a judge of the General District Court for a subpoena against any such person refusing to produce such data and information or refusing to appear as a witness, and the judge of such court may, upon good cause shown, cause the subpoena to be issued. Any witness subpoena issued under this Section shall include a statement that any statements made will be under oath and that the respondent or other witness is entitled to be represented by an attorney at law. Any person failing to comply with such subpoena issued under this Section shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued a subpoena to quash it.
(12) Whenever the Commission has a reasonable cause to believe that any person has engaged in, is engaging in or is about to engage in a violation of this Chapter, the Commission may seek through the County Attorney, with the approval of the Board of Supervisors, through appropriate enforcement authorities, prevention of or relief from a violation of this Chapter prohibiting discrimination and to exercise such other powers and duties as provided for in this Chapter; however, the Commission shall have no power itself to issue subpoenas, award damages or grant injunctive relief.
(13) To exercise all such other powers as are set forth in this Chapter.
(39-91-11; 30-94-11.)
Section 11-1-11. Conduct of the Commission.
The Commission shall elect a chairperson from its membership. A majority or one-half of the currently serving members of the Commission, whichever is smaller, shall constitute a quorum. Decisions of the Commission shall be made by a majority vote of the members present. The Commission shall render to the Board of Supervisors on or before April 1 of each year a full written record of its activities under the provisions of this Chapter and its recommendations concerning measures to be taken to further the purposes of this Chapter.
(39-91-11.)
Section 11-1-12. Enforcement proceedings initiated by the filing of a complaint.
(a) Complaints: A complaint may be filed with the Commission by any person alleging that a violation of this Chapter has been committed. All complaints must be formalized on a form supplied by the Commission within a reasonable time. The Executive Director shall promptly serve a copy of the formal complaint upon each respondent named therein. The complaint shall state the name and address of the complainant and the person or persons against whom the complaint is made, and shall also state the alleged facts surrounding the alleged commission of a violation of this Chapter, the date the violation was allegedly committed, and such other information as the Commission may require. A complaint may be withdrawn at any time by the complainant. Such withdrawal may terminate all action by the Commission with respect to that complaint. Failure of a complainant to formalize his or her complaint within the time allowed may result in automatic dismissal of the complaint unless for good cause shown the Commission grants an extension of time for this purpose.
(b) Investigations and Determinations
by the Executive Director:
(2) If the Executive Director determines that there are reasonable grounds to believe a violation has occurred, he or she shall then determine: (i) whether conciliation should be attempted; or (ii) whether the matter should be referred directly to the Commission for a determination as to whether or not to hold a public hearing. If the Executive Director attempts conciliation, and conciliation is successful and agreed to by the vote of the Commission, the complaint will be considered resolved. If conciliation is not successful, the matter shall be forwarded to the Commission for a determination as to whether or not to hold a public hearing.
(3) If the Executive Director determines that the complaint lacks reasonable grounds to believe a violation of this Chapter has occurred, he or she shall dismiss the complaint and advise the complainant in writing that such dismissal shall become final unless, within ten (10) business days of receipt of notice of the dismissal, the complainant files with the Commission a request for a review of the determination of the Executive Director. Upon request for such a review, the Commission shall afford the complainant an opportunity to appear before the Commission in person or by representative, or by letter, as the complainant may desire. After such review, the Commission may in its discretion dismiss such complaint. If the Commission determines that the complaint should not be dismissed, it shall direct the Executive Director to continue the investigation or proceed with conciliation efforts; or the Commission may determine to hold a public hearing on the allegations in the complaint.
(4) If the Executive Director
determines, after investigation, that the available evidence does not permit
a determination as to whether or not there are reasonable grounds to believe
a violation of this Chapter has occurred, he or she shall:
(B) Refer the matter to the Commission for a determination as to whether or not to hold a public hearing and for other action consistent with the purposes of this Chapter.
(c) Conciliation: Conciliation conferences shall be informal, and nothing said or done during such conferences shall be made public by the Commission or its members or any of its staff unless the parties agree thereto in writing. Conciliation shall not be attempted if the Executive Director determines that it would be futile or if enforcement of this Chapter would best be served by referring the matter directly to the Commission for a determination as to whether or not to hold a public hearing. If conciliation is attempted and the Executive Director determines that it is successful, the terms of the conciliation agreed to by the parties may be reduced to writing and incorporated into a conciliation agreement to be signed by the parties, which agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated. Conciliation agreements shall be signed on behalf of the Commission by the Chairperson or the Acting Chairperson. Nothing in this Section requires that the terms of the signed conciliation agreement be kept confidential. It shall be a violation of this Chapter to violate or fail to adhere to any provision contained in any conciliationagreement, and the Commission shall have the right to pursue, through the County Attorney, with approval of Board of Supervisors, appropriate legal remedies to enforce any such agreement, including, but not limited to, the right to institute an action for breach of contract in a court of competent jurisdiction.
(d) Determinations by the
Commission as to Whether To Hold a Public Hearing:
ii. A determination by him or her that conciliation has been attempted and has been unsuccessful;
(B) When there is a determination
by the Executive Director that there are no reasonable grounds to believe
that a violation of this Chapter has occurred, but:
ii. The Commission has concluded upon reviewing such determination, that the complaint should not be dismissed and that the complaint should not be referred to the Executive Director for further investigation;
(C) When there is a determination by the Executive Director that the available evidence does not permit a determination as to whether or not there are reasonable grounds to believe that a violation of this Chapter has occurred.
(2) The Commission shall base its determination as to whether or not to hold a public hearing in any of the matters described in Subsection (1) on its judgment as to how enforcement of this Chapter would be best served.
(3) If the Commission determines not to hold a public hearing, it shall either dismiss the complaint or take such action as it deems appropriate and consistent with the purposes of this Chapter and the powers of the Commission hereunder.
(39-91-11.)
Section 11-1-13. Hearing held by the Commission.
(a) The chairperson or any Commissioner designated by the chairperson shall preside over the public hearing.
(b) If the Commission determines to hold a public hearing, it may consider all of the allegations and issues set forth in the complaint or, in its discretion, may limit the scope of the hearing to one (1) or more of the allegations or issues set forth in the complaint. If a hearing is to be held, the Commission shall promptly notify the parties of the time, date and location of the hearing and serve upon them a statement of the charges against the respondent and the issues to be considered at the hearing. Such notice and statement shall be served no later than fourteen (14) days prior to the date of the hearing. The parties shall have the right to file written statements or arguments with the Commission prior to the hearing. The hearing shall be open to the public.
(c) Hearing of the Commission may be held before the entire Commission or before designated hearing panels, consisting of three (3) or more members of the Commission, as the Commission in its discretion may determine.
(d) The Commission may, upon proper motion, order the exclusion of witnesses while testimony is being given at any such hearing.
(e) At any public hearing
held by the Commission, each party shall be entitled:
(2) To present his or her case or defense by oral or documentary evidence, to be given under oath or by affirmation;
(3) To submit rebuttal evidence; and
(4) To conduct such cross-examination as may be required for a full and true disclosure of the facts.
Any oral or documentary evidence may be received, but the Commission as a matter of policy shall provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. The Commission shall not be bound by the strict rules of evidence prevailing in the courts of law or equity.
(f) The Executive Director shall be responsible for assuring the development of the evidentiary record before the Commission and may introduce evidence, examine or cross-examine witnesses, or make argument if he or she deems it advisable in order to fully apprise the Commission of the facts or the applicable law.
(g) The Commission shall keep a full record of the hearing, which record shall be public and open to inspection by any person. Any party may request that the Commission furnish such party a copy of the hearing record and shall reimburse the Commission for the cost of producing the copy.
(h) In matters where either party is represented by counsel, the Office of the County Attorney shall provide an attorney as counsel to the Commission.
(39-91-11.)
Section 11-1-14. Decisions by the Commission.
(a) If, after the hearing, the Commission determines that the respondent has committed or is committing the alleged violation(s) of this Chapter, the Commission shall state its findings and may issue recommendations, to be served promptly on the parties, providing notice to the respondent to cease and desist from such violation(s) and to take such action as may be indicated to effectuate the purpose of this Chapter, including but not limited to the payment by the respondent of compensatory damages to any person or persons found by the Commission to be so entitled by reason of respondent(s) violation(s) of this Chapter, or the placement or restoration of any person in or to such status in which the Commission finds he or she would be, but for the respondent's violation(s) of this Chapter.
(b) If, after a finding by the Commission of probable cause that a violation occurred the respondent fails to adequately take such action as provided in Section 11-1-14(a), the Commission may, through the County Attorney, with approval of Board of Supervisors, seek, through appropriate enforcement authorities, prevention of or relief from a violation of this Chapter.
(c) If, after receiving the evidence presented at the hearing, the Commission finds that the respondent has not engaged in the alleged violation(s) of this Chapter, the Commission shall state its findings and shall dismiss the complaint. Prompt notice of such action shall be given to the parties.
(39-91-11.)
Section 11-1-15. Enforcement proceedings initiated by the Commission.
(a) The Commission may institute proceedings to enforce this Chapter upon its own initiative by filing a Notice of Investigation and promptly serving it on each respondent named therein. Upon institution of proceedings by the Commission in this manner, the Commission shall have the option either to refer the matter to the Executive Director to conduct an investigation to determine whether there are reasonable grounds to believe that a violation of this Chapter has occurred, or to promptly hold a public hearing to determine whether a violation of this Chapter has occurred.
(b) If the Commission decides
to refer the matter to the Executive Director for investigation:
(2) Upon referral of the matter to the Executive Director, the procedures set forth in Sections 11-1-11 through 11-1-12 shall be applicable to any hearing conducted with respect to any proceeding initiated by the Commission.
(c) If the Commission determines to promptly hold a public hearing, the procedures set forth in Section 11-1-11 through 11-1-12 shall be applicable to any hearing conducted with respect to any proceeding initiated by the Commission.
(39-91-11.)
Section 11-1-16. Enforcement by County agencies.
(a) Public Contractors: Upon publication or receipt of the findings and recommendations of the Commission declaring the respondent to be in violation of this Chapter, the Purchasing Agent of Fairfax County may deem the respondent ineligible for award of a public contract until the Commission is satisfied that the respondent will comply with the recommendations of the Commission and the provisions of this Chapter.
(b) Labor Organizations: Upon publication or receipt of a copy of the findings and recommendations of the Commission declaring the respondent to be in violation of this Chapter, the purchasing agent of Fairfax County may deem the respondent ineligible to negotiate with the County until the Commission is satisfied that the respondent will comply with the recommendations of the Commission and the provisions of this Chapter.
(c) County Financial Assistance: Upon publication or receipt of a copy of the findings and recommendations of the Commission declaring the respondent to be in violation of this Chapter, the County of Fairfax may take appropriate action to terminate or refuse to grant or continue any public financial assistance to a program or activity of respondent until the Commission is satisfied that the respondent will comply with the recommendation of the Commission and the provisions of this Chapter.
(d) Any respondent adversely affected by the provisions of this Section shall retain all rights of appeal provided for by the rules, regulations or laws of the County of Fairfax.
(39-91-11.)
Section 11-1-17. Inspections, records and notices.
(a) Every person subject to this Chapter shall post such notices, make and keep such records relevant to the determination of whether discriminatory acts have been or are being committed, preserve such records for such periods, and make such reports therefrom as the Commission shall prescribe in order to assure the enforcement of this Chapter.
(b) The Commission or any designated representative of the Commission may request access at any reasonable time to premises, records and documents relevant to a complaint or notice of investigations and may request the opportunity to examine, photograph and copy evidence upon presenting written authorization of the Chairperson of the Commission or the Executive Director duly executed by the Commission in accordance with its rules or procedures.
(c) Any employment, education, real estate transaction, loan or credit, or public accommodation record made or application taken in the normal course of business by any person subject to this Chapter shall be preserved by the person or transferee thereof for a period of one (1) year from the date of the making of the record. When a complaint of notice of investigation has been filed against a person under this Chapter, the respondent shall preserve all records relevant to the allegations until final disposition of the complaint or notice of investigation.
(39-91-11.)
Section 11-1-18. Savings provisions and non-abatement of matters.
(a) The provisions of this Chapter, so far as they are the same as those of Chapters repealed by this Chapter, are intended as a continuation of such Chapters and not as new enactments.
(b) The provisions of this Chapter, including any amendments hereto, shall take effect immediately upon their enactment and shall apply to all matters pending before the Commission on the date of their enactment and to all matters arising before the Commission thereafter.
(c) Nothing contained in this Chapter shall be construed to conflict with any applicable state or federal law, rule or regulation; and insofar as this Chapter does so conflict, it shall be superseded thereby.
(39-91-11.)
Section 11-1-19. Non-exclusive remedy.
Any person who is aggrieved by any act prohibited herein may bring an appropriate action in a court of competent jurisdiction to seek damages, redress of injury, or injunctive relief arising out of any act prohibited herein as provided for by any applicable law. Nothing herein shall prevent any person from exercising any right or seeking any remedy to which he or she might otherwise be entitled, nor shall any person be required to pursue any remedy set forth herein as a condition of seeking relief from any court or other agency, except as is otherwise provided by applicable state or federal laws.
(39-91-11.)
Section 11-1-20. Notices; service.
All notices required under the provisions of this Chapter shall be served either in person or by mailing to the last-known address appearing in the Commission's records. Counsel of record shall be entitled to a copy of any notices served upon his or her client which shall be mailed to him or her at his or her last-known address as it appears in the records of the Commission.
(39-91-11.)
Section 11-1-21. Time limitations.
(a) A complaint filed under the provisions of this Chapter shall be dismissed by the Executive Director if the complainant knew or should have known of the alleged violation of this Chapter ceased more than one (1) year prior to the date of filing of the complaint.
(b) Any complaint filed under
the provisions of this Chapter shall be deemed dismissed after the passage
of one (1) year from the date of the filing of the complaint, unless:
(2) The Commission, after a public hearing, has issued findings and recommendations;
(3) The Commission has previously dismissed the complaint; or
(4) The Commission, having determined before or after the expiration of this one-year period that there was good cause for extending the time limitation, has, by majority vote, so extended it; provided that in no event may the Commission extend any case beyond a date that is two (2) years from the date of the filing of the complaint; and provided further that, in computing the time under the provisions of this Section, there shall be excluded that period of time between the notice of and final conclusion of any public hearings or time between the filing of and final conclusion of legal proceedings pertaining to the validity of, or seeking to enforce or prohibit the enforcement of, any of the provisions of this Chapter.
(39-91-11.)
Section 11-1-22. Severability.
The provisions of this Chapter are severable; and if any provision, sentence, clause, section or part thereof is held illegal, invalid, unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Chapter, or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Chapter would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included therein, and if the person or circumstances to which the Chapter or any part thereof is inapplicable had been specifically exempted therefrom.
(39-91-11.)
