Discrimination At Work
Human Rights Act — a complaint within two years, and 90 days to sue after the notice
In Virginia, an employer may not refuse to hire, discharge, or otherwise discriminate in pay, terms, conditions or privileges of employment because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related conditions including lactation, age, military status, disability, or ethnic or national origin. An employer, for this purpose, has five or more employees for 20 or more weeks in the current or preceding year, or employs a domestic worker.
A complaint within two years, then 90 days to sue. A complaint is filed with the Office of Civil Rights of the Department of Law within two years of the discriminatory practice. On request, the Office issues a notice of the right to sue once 180 days have passed or it cannot finish in 180 days, and a civil action is filed within 90 days of receiving that notice.
A court or jury that finds unlawful discrimination may award compensatory and punitive damages, and the court may award reasonable attorney fees and costs and order the practice stopped.
Sources for this section (3)
- Va. Code 2.2-3905 — Nondiscrimination in employment; definitions; exceptions
- Va. Code 2.2-3907 — Procedures for a charge of unlawful discrimination
- Va. Code 2.2-3908 — Civil actions by private parties
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.