Lawsuits For Choosing A Female Babysitter
On the night of March 31st, Governor Northam signed into law a number of remaining bills from the 2021 General Assembly Special Session, including a bill to require school divisions to offer an in-person learning option beginning July 1, and the infamous “Nanny State” bills, which allow more government intrusion into personal family decisions.
SB 1303 (R-Dunnavant) requires every school district to provide parents with an in-person learning option, while still leaving a loophole that allows school boards to continue online-only schooling if and when “the transmission of COVID-19 within a school building is at a high level” (it’s left to the Dept. of Health to determine what constitutes “low, medium, or high”), and would allow some qualified teachers to work remotely no matter what. In addition to these stipulations, the Governor refused to amend the bill to make it effective immediately. Unfortunately, this means the bill will not become effective until July 1, preventing many high school seniors from being able to finish out their time actually in school with their friends and classmates, not to mention further diminishing the quality of public education.
The three “Nanny State” bills - SB 1310 (D–McClellan), HB 1864 (D-Price) and HB 2032 (D-Gooditis) – create a new category of employee called a “domestic worker,” which in both SB 1310 and HB 1864 includes anyone who is paid “directly or indirectly” to be home companions, babysitters (other than family members, friends, or neighbors), a nanny to care for one’s children, tutors, in-home nurses, caretakers, home health aides, personal care aides, etc.
We were hopeful the Governor would at least conform SB 1310 and HB 1864 to HB 2032 (D-Gooditis), which defines a “domestic worker” more narrowly to include permanent or part-time companions, cooks, waiters, butlers, maids, valets, and chauffeurs. But instead, he signed all three into law, making it uncertain which version is actually the law. However, this isn’t exactly surprising, given his propensity to expand government at every opportunity and abuse his executive powers by imposing endless unconstitutional COVID restrictions.
Because of these “nanny state” bills, beginning July 1, 2021, parents will be at risk of being sued for "sex discrimination" if they prefer and then hire a woman over a man to take care of their young children as a babysitter or nanny in the home without them being there. They could also be sued for “religious discrimination” if they specifically hire someone of their own faith as an in-home tutor.
If that’s not disturbing enough, the legislation also authorizes the Commissioner of Labor and Industry to enter a home to inspect, investigate, and question whenever there is a complaint filed under the Virginia Human Rights Act.
For more information about these bills, check out our blogs HERE and HERE.
This Governor and the current majority in the legislature have been dedicated to destroying our fundamental and constitutionally protected individual liberties. But make no mistake, The Family Foundation and the Founding Freedoms Law Center will continue to fight back to protect and restore these core freedoms in our Commonwealth.
