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Virginia LGBTQ Workplace Discrimination Laws

Quick Answer: Virginia explicitly protects LGBTQ workers under the Virginia Values Act (2020). Sexual orientation and gender identity discrimination is illegal at employers with 5+ employees. Virginia was one of the first Southern states to pass comprehensive LGBTQ employment protections. File complaints within 300 days.

Virginia provides strong LGBTQ workplace protections.

Virginia LGBTQ Protections

Virginia Values Act (2020)

Explicitly protects:

  • Sexual orientation
  • Gender identity
  • In employment
  • At 5+ employee employers

Historic Significance

Virginia was:

  • First Southern state with comprehensive LGBTQ employment protection
  • Passed in 2020
  • Strong legislative protection

Federal Title VII

Also provides:

  • Post-Bostock protection
  • 15+ employees
  • Works alongside state law

What’s Protected

Sexual Orientation

Includes:

  • Gay employees
  • Lesbian employees
  • Bisexual employees
  • Perceived orientation

Gender Identity

Includes:

  • Transgender employees
  • Non-binary employees
  • Gender non-conforming
  • Transitioning employees

Protected Activities

Cannot be penalized for:

  • Coming out
  • Transitioning
  • Discussing orientation
  • Supporting LGBTQ causes

What’s Prohibited

Hiring

Cannot:

  • Ask about orientation
  • Refuse hire based on LGBTQ status
  • Consider gender identity
  • Discriminate based on perceived status

Workplace Treatment

Cannot:

  • Fire based on LGBTQ status
  • Harass LGBTQ employees
  • Deny promotions
  • Treat differently

Harassment

Prohibited:

  • Anti-LGBTQ slurs
  • Hostile environment
  • Misgendering intentionally
  • Outing employees

Bathroom/Facilities

Generally:

  • Employees use facilities matching identity
  • Transitioning employees protected

Filing Complaints

EEOC (Federal)

Options:

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

Virginia DOLI

Office of Civil Rights:

  • Phone: 804-225-2292
  • State complaints

Private Lawsuit

VHRA allows:

  • Direct lawsuit for some claims
  • Uncapped damages
  • Consult attorney

Virginia’s Advantage

Broader Coverage

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

Common Scenarios

Scenario 1: Fired After Coming Out

Situation: Terminated after disclosing gay/lesbian status.

Analysis: Explicitly protected. File complaint promptly.

Scenario 2: Transitioning Employee

Situation: Employer hostile after announcing transition.

Analysis: Gender identity protected. Document all incidents.

Scenario 3: Small Employer (7 Employees)

Situation: Facing discrimination at small company.

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

Scenario 4: Harassment

Situation: Coworkers use slurs, employer ignores.

Analysis: Employer must address harassment. File complaint if not resolved.

Scenario 5: Bathroom Access

Situation: Told cannot use bathroom matching gender identity.

Analysis: May be discrimination. Document and report.

Remedies Available

VHRA Relief

May obtain:

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

Frequently Asked Questions

Is sexual orientation protected in Virginia?

Yes. Virginia Values Act explicitly protects sexual orientation.

Is gender identity protected?

Yes. Also explicitly protected under Virginia law.

What employers are covered?

5+ employees under VHRA – broader than federal law.

When did this protection start?

Virginia Values Act passed in 2020.

What damages can I recover?

VHRA allows uncapped compensatory and punitive damages.

Related Topics

Take Action

If facing LGBTQ 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 LGBTQ discrimination in Virginia and is not legal advice. For specific advice, consult a licensed Virginia employment attorney.

For official information: