Workplace Issues in Virginia
Key Virginia Law
Virginia Code Section 2.2-3905 (Virginia Human Rights Act, as strengthened by VHRA 2020)
Virginia's Human Rights Act (VHRA), substantially strengthened in 2020, prohibits employment discrimination based on race, color, religion, national origin, sex, pregnancy, sexual orientation, gender identity, status as a veteran, disability, or age (40+). It now applies to employers with 5 or more employees and creates a private right of action — a significant expansion from prior law.
View official statuteProcedural Details in Virginia
Virginia Agencies & Resources
Virginia Division of Human Rights (Office of Civil Rights)
Investigates employment discrimination complaints under the Virginia Human Rights Act. Workers have one year from the discriminatory act to file.
Virginia Department of Labor and Industry — Division of Labor and Employment Law
Enforces Virginia minimum wage, overtime, and wage payment laws. Handles wage claims.
EEOC Washington Field Office
Handles federal employment discrimination charges for Virginia workers.
Frequently Asked Questions
How was Virginia's Human Rights Act changed in 2020?
Virginia's 2020 VHRA amendments significantly expanded worker protections: the law now applies to employers with 5+ employees (down from 15), added sexual orientation and gender identity as protected classes, created a private right of action allowing workers to sue in state court, and expanded available damages to include compensatory damages, punitive damages, back pay, and attorney's fees. This was one of the most significant expansions of Virginia employment law in decades.
How long do I have to file a discrimination complaint in Virginia?
Workers have one year from the discriminatory act to file a complaint with the Virginia Division of Human Rights or to file directly in state court under the VHRA. Virginia also has a dual-filing agreement with the EEOC for federal claims.
What is Virginia's minimum wage?
Virginia's minimum wage is $12.00 per hour as of January 2023, with additional increases scheduled. Virginia enacted a series of minimum wage increases beginning in 2020, representing a significant shift from the prior federal floor.
Does Virginia have an overtime law?
Yes. Virginia's Overtime Wage Act provides that employers must pay time-and-a-half for hours worked over 40 in a workweek. The Act also allows workers to file a private lawsuit for overtime violations and may allow for liquidated damages and attorney's fees — providing enforcement mechanisms beyond the federal FLSA.
Related Workplace Issues Scenarios
Can I sue for wrongful termination?
Understanding when firing might be illegal and what your employment rights are.
Can I sue for unpaid wages?
Understanding your rights when an employer doesn't pay what you're owed.
Can I sue for retaliation after reporting workplace safety concerns?
Legal protection against employer retaliation for reporting safety violations or refusing unsafe work.
Can I sue for disability discrimination when employer won't accommodate?
Legal options when employers fail to provide reasonable accommodations for qualified disabilities.
Have a Specific Situation in Virginia?
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