Employment Law Aid

How to File Discrimination Complaint in Virginia

Updated 2026-12-11
Fact Checked

Quick Answer

Guide to filing workplace discrimination complaints in Virginia under the VVA and federal Title VII.

Quick Answer: File discrimination complaints in Virginia with the Office of Civil Rights (OCR) under the VVA within 300 days, or with the EEOC for federal claims. You can also file directly in court within 2 years under the VVA.

Know your filing options.

Filing Options

Office of Civil Rights (OCR)

Virginia agency:

  • VVA enforcement
  • 300-day deadline
  • 5+ employee employers
  • Administrative process

EEOC

Federal agency:

  • Title VII, ADA, ADEA
  • 300-day deadline
  • 15+ employees (most claims)
  • Phone: 804-234-3610

Direct to Court

VVA advantage:

  • File directly in court
  • 2-year statute
  • No administrative prerequisite
  • Full damages

VVA Process

OCR Filing

Steps:

  1. File within 300 days
  2. OCR investigates
  3. Determination made
  4. Resolution or further action

Contact OCR

Office information:

  • Within Attorney General's Office
  • Phone for intake
  • Online information

EEOC Process

Filing Charge

Steps:

  1. File within 300 days
  2. EEOC notifies employer
  3. Investigation or mediation
  4. Right to sue letter

Richmond Office

EEOC location:

  • 400 N. 8th Street
  • Richmond, VA 23219
  • Phone: 804-234-3610

What to Include

Basic Information

Provide:

  • Your contact info
  • Employer information
  • Job details
  • Protected class

Description

Explain:

  • What happened
  • When it happened
  • Who was involved
  • Why it's discrimination

Timeline

Deadlines

Time limits:

  • OCR/EEOC: 300 days
  • Court (VVA): 2 years
  • Court (federal): 90 days after EEOC

Court Option

VVA allows:

  • Direct court filing
  • Within 2 years
  • No EEOC required
  • Full damages available

Remedies

VVA Remedies

May recover:

  • Back pay, front pay
  • Compensatory damages (no cap)
  • Punitive damages
  • Attorney's fees

Federal Remedies

Title VII:

  • Capped damages
  • Based on employer size

Frequently Asked Questions

Where do I file?

OCR for VVA, EEOC for federal, or directly to court under VVA.

What's the deadline?

300 days for agencies, 2 years for court under VVA.

Do I need EEOC for court?

Not under VVA. Can file directly in court.

What employers are covered?

5+ employees under VVA, 15+ under Title VII.

Related Topics

Take Action

To file complaint:

  1. Calculate deadline
  2. Gather documentation
  3. Choose forum (OCR, EEOC, or court)
  4. File within deadline
  5. Consider attorney

Legal Disclaimer

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

For official information:

Frequently Asked Questions

What is office of Civil Rights (OCR)?
Virginia agency: VVA enforcement 300-day deadline 5+ employee employers Administrative process
What is direct to Court?
VVA advantage: File directly in court 2-year statute No administrative prerequisite Full damages
What is oCR Filing?
Steps: 1. File within 300 days 2. OCR investigates 3. Determination made 4. Resolution or further action
What is contact OCR?
Office information: Within Attorney General's Office Phone for intake Online information
How does filing Charge work?
Steps: 1. File within 300 days 2. EEOC notifies employer 3. Investigation or mediation 4. Right to sue letter

Legal Disclaimer

The information on this website is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation. No attorney-client relationship is created by using this website.