On March 4, 2010, the recently elected Attorney General of Virginia, Kenneth Cuccinelli, sent a letter to Virginia’s Public Colleges and Universities writing that, “the law and public policy of Virginia prohibit a college or university from including “sexual orientation,” “gender identity,” “gender expression,” or like terms in its non-discrimination policy unless the General Assembly of Virginia specifically authorize doing so.  The letter was reprinted in The Washington Post here: http://www.washingtonpost.com/wp-srv/metro/Cuccinelli.pdf

Reacting to this letter, more than 1,000 students gathered in the state capitol of Richmond, Virginia to protest the Attorney General’s prohibition on expanding anti-discrimination rights absent legislative authorization.  National news outlets published the story and Jon Stewart lampooned the policy on his television show.

Responding to this outcry against the Attorney General’s legal opinion, Governor Bob McDonnell (R-VA) issued a directive on March 10, 2010 to all 102,000 Virginia state employees that prohibits discrimination in the state workforce, including on the basis of sexual orientation.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law.  We believe that discrimination based on a person’s sexual orientation, gender, race, religion, ethnicity age or disability has no place in a democratic society.  Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

By Brandon Sipherd

Senator Charles Schumer plans on introducing new legislation that would increase employment restrictions for registered sex offenders.  Under the proposed legislation, registered sex offenders will have difficulty finding jobs as superintendents and building managers.  Senator Schumer will likely introduce this new change to employment law in the United States Senate on Monday.

The new employment law will prohibit registered sex offenders from obtaining keys to apartment units without first disclosing their prior criminal history.  Only after informed tenants give their consent, will sex offenders be able to obtain the keys to the approved units.

The proposed legislation comes three weeks after a convicted child molester, William Barnason, was reported to be working as a superintendent at Upper West Side apartments in Manhattan.  In 1987, Barnason, who was already serving a prison sentence for sexually abusing a 5-year-old girl, was sentenced to 10 to 20 years after pleading guilt to rape, sodomy and sexual-abuse charges for an attack on three girls from Suffolk County, ranging between the ages of 5 to 7.

Barnason’s sex offender status designates that he is at a high risk of re-offending and committing future sexually related crimes.  Since 2007, there have been multiple reports filed by women claiming Barnason pressured them to have sexual relations with him so he would “look the other way” over late rent or to secure a larger apartment.

The proposed change to existing employment law will guarantee that tenants will have the choice of whether they want a registered sex offender having access to their apartments.  Most likely this will prevent sex offenders from being hired as superintendents or building managers.

Critics of the proposed legislation claim that it is flawed and one-sided because it focuses on the unusual, atypical situations rather than on the existing programs to reform sex offenders.  Instead, it is argued, the bill should focus on the typical and usual case where sex offenders cannot get jobs and are, therefore, unstable and a risk to the community.

The proposed law follows a very similar state legislation introduced by New York Assemblyman Micah Kellner.  Senator Schumer has yet to find a co-sponsor for the bill, but he will continue his efforts to ensure the bill’s success.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law.   Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.