VA’s New Law Compels People to Hire A Male Babysitter

The new “Nanny State” bills championed by the majority in the General Assembly, and signed by the Governor, this year will embolden some domestic workers to actually think they should have access to your private home and family members.

This month the Governor signed into law three “Nanny State” bills - SB 1310 (D–McClellan), HB 1864 (D-Price) and HB 2032 (D-Gooditis) – that 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 a home companion, babysitter (other than family members, friends, or neighbors), a nanny to care for one’s children, tutors, etc.  Under HB 2032, a domestic worker includes in-home nurses, caretakers, home health aides, personal care aides, companions, cooks, waiters, butlers, maids, valets, and chauffeurs.

Beginning July 1, 2021, if someone hires a female over a male as a babysitter or nanny to care for their children while they are away, it could result in them being sued on the basis of “sex discrimination.”  They could also be sued for “religious discrimination” if they specifically hire someone of their own faith as a caretaker or in-home tutor. 

In other words, this legislation urges a person to ignore conventional wisdom, personal preferences and convictional beliefs when it comes to hiring someone to help them in their private home, or else be sued.

And when there is a complaint filed under the Virginia Human Rights Act, a person can expect a visit from the Commissioner of Labor and Industry, who will enter their home to inspect, investigate, and question them, “without delay.”

We know there are those who will dismiss our concerns, claiming they’re exaggerated, but there’s evidence that it’s already beginning to occur.  For example, in 2017, a  28-year-old Canadian man filed a complaint under the Canadian Human Rights Act against a single father, who didn’t hire the man to babysit his two kids. The man claimed he was discriminated against on the basis of age and gender (since, in fact, he was).  This same man also filed another complaint in 2014 against a mom because she specifically said she preferred a female to care for her children while she was away.

While in both cases the Canadian courts and the Human Rights Commission ultimately dismissed the complaints, the fact remains that a 28-year-old male babysitter was essentially demanding access to young kids and the parents had to be dragged through court for saying no – and that’s exactly what could start happening in Virginia beginning July 1.

If you hire just one person, even if it’s part-time, as a home companion, babysitter, nanny, tutor, or home health aide, and receive a complaint under the Virginia Human Rights Act because you simply hired that persons in accordance with your values and good judgment, please contact the Founding Freedoms Law Center (FFLC), the legal arm of The Family Foundation.

Since the culture is becoming more and more hostile towards conservative and religious values every day, groups like the FFLC are playing a key role in defending our liberties.

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