Virginia Sexual Harassment Laws: Know Your Rights

Quick Answer: Sexual harassment is illegal in Virginia under the Virginia Human Rights Act (VHRA). For harassment damages, VHRA applies to employers with 15+ employees. Both quid pro quo and hostile work environment harassment are prohibited. Virginia allows uncapped damages. File within 300 days.

Virginia provides strong protections against sexual harassment.

Virginia Sexual Harassment Protections

Virginia Human Rights Act

VHRA prohibits:

• Sexual harassment
• Sex discrimination
• Retaliation for reporting

Coverage for harassment:

• 15+ employees for damages
• 5+ employees for other discrimination

Federal Title VII

Also provides:

• Same protections
• 15+ employees
• 300-day deadline with worksharing

Types of Sexual Harassment

Quid Pro Quo

"This for that":

• Job benefits conditioned on sexual favors
• Submission as condition of employment
• Usually involves supervisor

Hostile Work Environment

Pervasive conduct:

• Severe or pervasive behavior
• Creates intimidating environment
• Affects work performance
• Based on sex

What Constitutes Harassment

May Include

Prohibited conduct:

• Unwanted sexual advances
• Requests for sexual favors
• Sexual comments or jokes
• Offensive touching
• Sexual images or materials
• Sexually explicit communications

Must Be

To be actionable:

• Unwelcome
• Based on sex
• Severe or pervasive
• Affecting work environment

Employer Liability

Supervisor Harassment

Employer liable when:

• Supervisor harasses employee
• Results in tangible action
• Or inadequate response

Coworker Harassment

Employer liable if:

• Knew or should have known
• Failed to take action
• Inadequate response

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
• Uncapped damages
• Attorney's fees

Proving Sexual Harassment

Elements

Must show:

• Unwelcome conduct
• Based on sex
• Severe or pervasive
• Affected work environment
• Employer knew/should have known

Documentation

Gather:

• Written records
• Witness names
• Dates and times
• Evidence of reporting

Common Scenarios

Scenario 1: Supervisor Demands

Situation: Boss conditions promotion on dating.

Analysis: Quid pro quo harassment. Report and file.

Scenario 2: Ongoing Comments

Situation: Coworker makes daily inappropriate comments.

Analysis: May be hostile environment. Report to HR.

Scenario 3: One Serious Incident

Situation: Coworker commits sexual assault.

Analysis: Single severe incident actionable. Report immediately.

Scenario 4: Employer Ignores Report

Situation: Reported harassment, HR did nothing.

Analysis: Employer may be liable. File external complaint.

Remedies Available

VHRA Relief

May obtain:

• Back pay
• Compensatory damages
• Punitive damages (uncapped)
• Attorney's fees
• Injunctive relief

Frequently Asked Questions

What is sexual harassment?

Unwelcome sexual conduct affecting employment or creating hostile environment.

What employers are covered?

15+ employees for harassment damages under VHRA.

How long do I have to file?

300 days with EEOC.

Can I recover unlimited damages?

Yes. VHRA allows uncapped damages.

Do I have to report to HR first?

Generally recommended, but may file external complaint.

Related Topics

• Virginia Workplace Discrimination
• Virginia Sex Discrimination
• Virginia Employment Law Hub

Take Action

If experiencing sexual harassment:

1. Document all incidents
2. Report to HR/management
3. Note 300-day deadline
4. Preserve evidence
5. Consult employment attorney

Legal Disclaimer

This article provides general information about sexual harassment 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
• EEOC Richmond: 804-771-2200