Virginia Age Discrimination Laws: Protecting Workers 40+

Quick Answer: The Virginia Human Rights Act (VHRA) prohibits age discrimination against workers 40 and older at employers with 5+ employees—broader than federal ADEA (20+). Virginia allows uncapped damages. File within 300 days.

Virginia protects older workers from discrimination.

Virginia Age Protections

VHRA Coverage

Protects workers:

• Age 40 and older
• At 5+ employee employers
• All employment decisions

Federal ADEA

Also provides:

• Same age threshold
• 20+ employees
• Works with state law

What's Prohibited

Hiring

Cannot:

• Refuse hire based on age
• Ask age in interviews
• Set age limits

Workplace Treatment

Cannot:

• Fire based on age
• Deny promotions
• Target in layoffs

Filing Complaints

EEOC

Options:

• Phone: 1-800-669-4000
• Richmond: 804-771-2200
• 300-day deadline

Virginia DOLI

Office of Civil Rights:

• Phone: 804-225-2292

Common Scenarios

Scenario 1: Layoff Targeting

Situation: Most laid off workers over 50.

Analysis: Pattern may show discrimination.

Scenario 2: Small Employer

Situation: Work for 12-person company, age discrimination.

Analysis: VHRA covers 5+ employees. You're protected.

Frequently Asked Questions

What age is protected?

Workers 40 and older.

Does Virginia cover small employers?

Yes. VHRA covers 5+ employees.

What damages available?

Uncapped compensatory and punitive damages.

Related Topics

• Virginia Workplace Discrimination
• Virginia Employment Law Hub

Take Action

If facing age discrimination:

1. Document incidents
2. Note ages of comparators
3. Note 300-day deadline
4. Consult attorney

Legal Disclaimer

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

For official information:

• Virginia DOLI: https://www.doli.virginia.gov | 804-225-2292