Resources
I Am Trans
On July 1, 2020, Virginia became the first state in the South to pass non-discrimination protections in housing, employment, public spaces, credit for LGBTQ Virginians. This is a landmark achievement but there’s more to be done before LGBTQ Virginians have full, lived equality in the Commonwealth. For more in-depth information on all of your rights, check out our Virginia Legal Protections FAQ Guides.
Additionally, as of June 15, 2020, the Supreme Court ruled that it is illegal for employers to discriminate against LGBTQ people under federal law – this applies to companies that employ 15 people or more annually.
President Joe Biden issued an Executive Order in his first week asking all federal government agencies to comply with the court’s ruling that protections on the basis of sex include sexual orientation and gender identity.
To learn more about trans legal issues, check out Lambda Legal’s Transgender Rights Toolkit: A Legal Guide for Trans People and Their Advocates.
If you experience discrimination at your workplace, keep a contemporaneous written record in a secure place (not at work) regarding what happened, what was said, who witnessed it, and what the consequences were, along with copies of any written or electronic documents relating to the discrimination. Promptly contact an attorney. Click here for a list of LGBTQ-friendly attorneys.
For more information, check out EV’s FAQ Guide on LGBTQ Non-Discrimination Protections.
- Employment
- If you work in Virginia and your employer has 6 or more employees, you have state-level protections through the Virginia Division of Human Rights. You can file a complaint here.
- If you are in a union or part of an employment or staffing agency, you have state-level protections through the Virginia Division of Human Rights .You can file a complaint here.
- If you are a Virginia state worker, state contractor, or state subcontractor, you can file a complaint here.
- If you are a federal worker, you can file a complaint with the Equal Employment Opportunity Commission (EEOC)’s process for federal workers.
- If you are a federal contractor or subcontractor, in addition to the EEOC, you also protections through the Office of Federal Contract Compliance Programs (OFCCP). You can file a complaint here.
- If the business you work for employs 15 or more employees, you have federal protections through the U.S. Equal Employment Opportunity Commission (EEOC). To learn more, visit their LGBT workers page or call 1-800-669-4000. You can also access this guide to filing a charge for employment discrimination.
- Housing
- As of July 1, 2020, LGBTQ Virginians are covered under the Virginia Fair Housing Law. Landlords and real estate agents cannot discriminate against LGBTQ people in housing. If you have experienced discrimination in housing, you can file a complaint here through the Virginia Division of Human Rights.
- Public Spaces (legally called Public Accommodations)
- As of July 1, 2020, LGBTQ Virginians are protected from discrimination in any place that is open to the public. This includes restaurants, shops, doctors’ offices, clinics, hospitals, educational institutions, banks, insurance companies, transportation services, shelters, food banks, child and elder care centers, funeral parlors, hair salons, gas stations, entertainment venues, on-line businesses, and government buildings. You can file a complaint here through the Virginia Division of Human Rights.
- Credit
- As of July 1, 2020, LGBTQ Virginians cannot be discriminated against in accessing credit, which could include being denied credit because of your identity, being charged discriminatory interest rates or having discriminatory payment schedules due to your identity, and being asked invasive, inappropriate questions about a previous legal name due to being transgender. If you have experienced discrimination in credit, you can file a complaint here through the Virginia Division of Human Rights.
- Education
- As of July 1, 2020, LGBTQ Virginians cannot be discriminated against in accessing education. This could include a K-12 public school; a public university, technical school, or community college; and any private K-12 school, university, technical school, or other educational institution that is open to public enrollment. If you have experienced discrimination at an educational institution, you can file a complaint here through the Virginia Division of Human Rights.
- For more information, check out EV’s FAQ Guide on Advocating for Trans Students.
If you experienced conversion therapy in Virginia, report it to the Virginia Department of Health Professions. You are eligible to file a complaint if you experienced the treatment before the age of 18, the counselor/therapist is a licensed professional, and acting in that role as a counselor. For more information, check out EV’s FAQ Guide on the Conversion Therapy Ban.
As of July 1, 2020, the process to update the gender marker on your license or ID at the DMV is now modernized and includes a non-binary gender marker. Additionally, the process to update your gender marker on a Virginia birth certificate has also been updated.
- View this detailed list of documents, accounts and personal information that may need to be changed during your transition. If you aren’t sure wear to start, check out NCTE’s overview guide.
- Obtaining a Name Court Order, Social Security, Immigration Documents, and More – The Name and Gender Change Guide for Virginia Residents, developed by Whitman-Walker Health and Trans Legal Advocates of Washington (LAW), provides an outline for Virginians who wish to change their name and/or gender marker on identity documents and other records. Please note that as of July 1, 2020, this document is out of date regarding driver’s licenses, state IDs, and Virginia birth certificates.
- At the National Center for Transgender Equality’s ID Document Center, you can find in-depth instructions on the name change process in Virginia.
- You can also check out Trans Law DC’s guide and checklist
- Driver’s License or State ID
- Check out EV’s FAQ Guide on the DMV Gender Marker Update Process. Virginia now allows a non-binary gender marker and has modernized the gender marker update process.
- If you need to change the name on your license, you will need to go in person to the DMV along with a court order, marriage certificate, or divorce decree to prove your legal name change.
- Virginia Birth Certificate – Check out EV’s FAQ Guide on the Birth Certificate Gender Marker Update Process in Virginia. You no longer need a court order or proof of medical procedure in order to update your gender marker on a Virginia birth certificate.
- Out-of-State Birth Certificate – If you were born outside of Virginia, check out the National Center for Transgender Equality’s Document Center and find the state or territory you were born in. If you would like to pursue a court order for a gender marker change to use in another state, attend a free legal clinic offered periodically by the Virginia Equality Bar Association or reach out to a qualified attorney.
- Consulting with an Attorney –
- Equality Virginia also has its own legal resource guide of LGBT-welcoming lawyers and law firms.
- Whitman-Walker Health also offers a free legal clinic in the DC area. You can call or email Lee Hicks at 202.939.7627 or [email protected] or Leonor Suarez at 202.939.7630 or [email protected] to set up an appointment and for further information.
- If you would like to connect with an attorney through Health Brigade to receive legal counseling or help with your name/gender marker process, please fill out this application. This service requires a financial eligibility screening.
- Click here for more Virginia legal resources.
- Get Assistance – Project ID’s Virginia Chapter can assist you with support, paperwork, and financial assistance for obtaining/updating a state ID. This includes getting your birth certificate and other supporting documentation, as needed. They can also help and you register to vote, provide you voter information and even assist you in getting your voting rights restored if you’ve been convicted of a felony and have completed your release requirements. To find out more or request assistance email them at [email protected] or call 571-406-7881.
As of July 1, 2020, LGBTQ Virginians are legally protected from discrimination at any private company or non-profit with 6 or more employees. Additionally, Virginia state agencies are prohibited from discriminating against LGBTQ employees regardless of how many people they employ.
- Discrimination –
- Check out EV’s FAQ Guide on LGBTQ Non-Discrimination Protections.
- If you experience discrimination at your workplace, keep a contemporaneous written record in a secure place (not at work) regarding what happened, what was said, who witnessed it, and what the consequences were, along with copies of any written or electronic documents relating to the discrimination. Promptly contact an attorney.
- Where to file a complaint of discrimination:
- If you work in Virginia and your employer has 6 or more employees, you have state-level protections through the Virginia Division of Human Rights. You can file a complaint here.
- If you are in a union or part of an employment or staffing agency, you have state-level protections through the Virginia Division of Human Rights. You can file a complaint here.
- If you are a Virginia state worker, state contractor, or state subcontractor, you can file a complaint here.
- If you are a federal worker, you can file a complaint with the Equal Employment Opportunity Commission (EEOC)‘s process for federal workers.
- If you are a federal contractor or subcontractor, in addition to the EEOC, you also protections through the Office of Federal Contract Compliance Programs (OFCCP). You can file a complaint here.
- If the business you work for employs 15 or more employees, you have federal protections through the U.S. Equal Employment Opportunity Commission (EEOC). To learn more, visit their LGBT workers page or call 1-800-669-4000. You can also access this guide to filing a charge for employment discrimination.
- Cover letter and resume resources – The Transgender Assistance Program of Virginia (TAPVA) has an in-house editor who offers free services to the trans community for a resume, cover letter, or other written materials needing editing. Turnaround time for one to two typed pages is 48 hours. Three or more pages is one week. Please contact [email protected] for more details.
- Restroom Access – Access the Occupational Safety and Health Administration (OSHA) Guide to Restrooms Access for Transgender Workers and HR Simple’s Transgender Restroom Access Guidelines.
- Creating a More Trans Inclusive Space –
- Virginia’s Department of Human Resource Management has a gender transition guidance for state employees transitioning at work.
- Out & Equal offers a best practice guide for how companies should welcome non-binary employees.
- Check out more information and resources on our Transgender Ally page section for workplaces.
- Transgender Students –
- Check out EV’s FAQ Guide on Advocating for Transgender & Non-Binary Students.
- As of July 1, 2020, no public school, or private school open to public enrollment, can discriminate against LGBTQ students, teachers, or administrators.
- Thanks to a new Virginia law, all school boards must adopt a comprehensive policy on how to treat transgender and non-binary students by the beginning of the 2021-2022 school year. These policies will be based on guidelines developed by the Virginia Department of Education by December 31, 2020. Start talking with your school board now about why they should adopt a comprehensive policy that serves all students, including transgender and non-binary students.
- All kids should have the opportunity to do well in school and graduate. The Schools In Transition guide responds to the dynamics that affect a transgender or non-binary student’s experiences in school, and incorporates recommendations for all students kindergarten through twelfth grade. Learn more about EV’s commitment to Creating Inclusive Schools and access resources for administrators and educators.
- Restroom Access – Transgender Students and School Bathrooms: Frequently Asked Questions addresses questions concerning safety, propriety, privacy, and legality that have been brought up by many people in the school community. For advocacy, check out GLAAD’s An Ally’s Guide to Talking about Transgender-Inclusive Non-Discrimination Laws.
- Voting Laws in Virginia – As of July 1, 2020, you no longer need to show an ID with a photograph in order to vote. This is particularly important to transgender voters, who have sometimes had difficulty casting a ballot due to their appearance not matching the photo on their ID.
- Access this guide to learn about your rights at the poll as a trans or non-binary person.
- Click here to learn about what qualifies as valid voter identification in Virginia. Beyond a photo ID, voters can prove their identity with one of the following:
- Voter confirmation documents
- Valid Virginia driver’s license, valid United States passport, or any other identification issued by the Commonwealth, one of its political subdivisions, or the United States
- Any valid student identification card issued by any institution of higher education located in the Commonwealth or any private school located in the Commonwealth
- Any valid student identification card issued by any institution of higher education located in any other state or territory of the United States
- Any valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer’s business
- A copy of a current utility bill, bank statement, government check, paycheck, or other government document containing the name and address of the voter
- Traveling While Trans – Airport security can be a cause of anxiety for trans patrons because of the involvement of checking ID and potential pat-downs. TSA’s Know Before You Go: Transgender Travelers can be a good resource to anticipate the security process and how to request changes or help for your comfort. For more information, you can access NCTE’s Know Your Rights: Airport Security.
- Another resource that might be helpful is the LGBT Study Abroad Guide. It is specifically made for high school and college students in study abroad programs for understanding gender and sexuality in different cultural lenses, staying safe, building connections and resources. However, it also has interesting information and connections for other LGBT folks who are traveling internationally.
- Travel Documents – To learn more about updating your passport as part of you transition, check out NCTE’s Know Your Rights: Passports. For the legal process in Virginia, refer to the section above to the name and gender marker change resources.
Check out EV’s FAQ Guide on LGBTQ Hate Crimes Protections.
These are organizations that offer resources for transgender and non-binary Virginians who are experiencing or know someone who has experienced some form of violence:
- Virginia Anti-Violence Project (VAVP)
- Email [email protected] or call (804) 925-9242.
- 24/7 LGBTQ+ Helpline: Call 866-356-6998 or text 804-793-9999
- Virginia Sexual Assault and Domestic Violence Action Alliance
- Provides resources for individuals who have experienced sexual and/or domestic violence and their friends, information on sexual assault and intimate partner violence, and a 24 hour hotline.
- Telephone: 804-377-0335
- Email: [email protected]
- The James House
- Based in the Tri-Cities area (Petersburg, Prince George County, Colonial Heights, Hopewell).
- 24 hour crisis hotline: 804-458-2840
- Learn more about their emergency shelter. They have explicit non-discrimination policies that include gender identity and expression.
STATEWIDE/LOCAL
Asian and Pacific Islander Queers United for Action (AQUA) DC
Ending Criminalization of HIV and Overincarceration in Virginia (ECHO VA)
Hampton Roads Unity Pageant System
International Black Women’s Congress’s E.P.I.C. Ladiez Night!
Minority AIDS Support Services
My Brother Too
Refuge: The Center for Human Growth
Shades of Pride at the University of Richmond
Southeastern Transgender Resource Center
Spilling da T at the LGBT Life Center
Queer POC Discussion Group at LGBT Life Center
QTPOC at Virginia Commonwealth University
Roanoke NAACP LGBTQ+ Task Force
Transcend Program at Nationz Foundation
Transcending Empowering Aspiring Men (TEAM) at Nationz Foundation
Transgender Empowering Services, Inc.
Virginia Anti-Violence Project
NATIONAL
Alpha Omega Kappa Fraternity, Inc.
Brothers Obtaining and Navigating Dynamic Solidarity (BONDS)
Kappa Iota Sigma Sorority, Inc.
Muslims for Progressive Values
National Black Justice Coalition
The National Queer Asian Pacific Islander Alliance