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Virginia Workplace Discrimination Laws: Your Rights Under VHRA

Quick Answer: The Virginia Human Rights Act (VHRA) prohibits employment discrimination at employers with 5+ employees—broader than federal law (15+). The Virginia Values Act (2020) added explicit LGBTQ protections. Virginia allows uncapped damages and private lawsuits. File with EEOC within 300 days.

Virginia provides comprehensive discrimination protections.

Virginia Discrimination Protections

Virginia Human Rights Act (VHRA)

Prohibits discrimination based on:

  • Race
  • Color
  • Religion
  • National origin
  • Sex (including pregnancy)
  • Age (40+)
  • Marital status
  • Disability
  • Sexual orientation
  • Gender identity
  • Veteran status

Coverage

VHRA applies to:

  • 5+ employee employers (discrimination)
  • 15+ employees (sexual harassment damages)
  • Broader than federal Title VII

Virginia Values Act (2020)

Added:

  • Explicit sexual orientation protection
  • Explicit gender identity protection
  • Private right of action
  • Uncapped damages

Protected Characteristics

Race, Color, National Origin

Protected from:

  • Hiring discrimination
  • Termination
  • Harassment
  • Disparate treatment

Sex and Gender

Includes:

  • Sex discrimination
  • Pregnancy discrimination
  • Sexual harassment
  • Gender stereotyping

Sexual Orientation and Gender Identity

Virginia Values Act protects:

  • Gay, lesbian, bisexual employees
  • Transgender employees
  • Gender non-conforming workers
  • Explicitly in state law

Religion

Protections:

  • Religious beliefs
  • Religious practices
  • Reasonable accommodation

Age (40+)

Protected:

  • Workers 40 and older
  • All employment decisions

Disability

Covers:

  • Physical disabilities
  • Mental disabilities
  • Reasonable accommodation

Additional Protected Classes

Virginia also protects:

  • Marital status
  • Veteran status
  • Military obligations

Types of Discrimination

Disparate Treatment

Direct discrimination:

  • Intentional different treatment
  • Based on protected class

Disparate Impact

Indirect discrimination:

  • Neutral policy
  • Disproportionate effect

Harassment

Prohibited:

  • Hostile work environment
  • Quid pro quo
  • Severe or pervasive conduct

Retaliation

Cannot punish for:

  • Filing complaint
  • Participating in investigation
  • Opposing discrimination

Filing Complaints

EEOC (Federal)

Equal Employment Opportunity Commission:

  • Phone: 1-800-669-4000
  • Richmond: 804-771-2200
  • Norfolk: 757-441-3470
  • Deadline: 300 days

Virginia DOLI

Office of Civil Rights:

  • Phone: 804-225-2292
  • State complaints
  • May workshare with EEOC

Private Lawsuit

VHRA allows:

  • Direct lawsuit
  • Without exhausting administrative remedies (for some claims)
  • Uncapped damages

Virginia’s Advantages

Broader Coverage

Feature VHRA Federal Title VII
Employer size 5+ employees 15+ employees
LGBTQ explicit Yes Via Bostock
Damages Uncapped Capped

Private Right of Action

Can sue directly:

  • Without EEOC charge
  • For some claims
  • Consult attorney

Common Scenarios

Scenario 1: LGBTQ Discrimination

Situation: Fired after disclosing sexual orientation.

Analysis: Explicitly protected under Virginia Values Act. File complaint.

Scenario 2: Small Employer (8 Employees)

Situation: Facing race discrimination at small company.

Analysis: VHRA covers you (5+ employees). Federal law wouldn’t apply.

Scenario 3: Pregnancy Discrimination

Situation: Passed over for promotion after announcing pregnancy.

Analysis: Sex discrimination under VHRA. Document and file complaint.

Scenario 4: Age-Based Layoff

Situation: Mostly workers over 50 laid off.

Analysis: Pattern may show age discrimination. Note ages and file.

Scenario 5: Religious Accommodation

Situation: Employer won’t accommodate religious observance.

Analysis: Must accommodate unless undue hardship. Request in writing.

Remedies Available

VHRA Relief

May obtain:

  • Back pay
  • Front pay
  • Reinstatement
  • Compensatory damages
  • Punitive damages (uncapped)
  • Attorney’s fees

Injunctive Relief

Court may order:

  • Policy changes
  • Training
  • Compliance monitoring

Frequently Asked Questions

Does Virginia have its own discrimination law?

Yes. VHRA provides comprehensive protection, enhanced by Virginia Values Act.

Is LGBTQ discrimination illegal in Virginia?

Yes. Virginia Values Act explicitly protects sexual orientation and gender identity.

What employers are covered?

5+ employees for discrimination (15+ for sexual harassment damages).

What damages can I recover?

VHRA allows uncapped compensatory and punitive damages.

How long do I have to file?

300 days with EEOC.

Related Topics

Take Action

If facing workplace discrimination:

  1. Document all incidents
  2. Report through proper channels
  3. Note 300-day deadline
  4. Preserve evidence
  5. Consult employment attorney

Legal Disclaimer

This article provides general information about workplace discrimination in Virginia and is not legal advice. For specific advice, consult a licensed Virginia employment attorney.

For official information: