Virginia Human Rights Act Updates Effective July 1, 2024
In April, the Commonwealth of Virginia enacted several bills amending the Virginia Human Rights Act, all effective on July 1, 2024. Among these amendments are several employment-related updates regarding discrimination in the Commonwealth.
Discrimination Based on Ethnic Origin Prohibited
On April 2, 2024, Governor Youngkin signed House Bill 18, which amends the Virginia Human Rights Act to prohibit discrimination based on “ethnic origin” in employment. Ethnic origin is added to the following list of protected categories:
- Race
- Color
- Religion
- Sex
- Sexual Orientation
- Gender Identity
- Marital Status
- Pregnancy
- Childbirth (or related medical conditions including lactation)
- Age
- Military Status
- Disability
- Ethnic or National Origin
Updates to the discrimination provisions to include ethnic origin, labor organizations, employment agencies, and joint apprenticeship committees.
Of note, Virginia also requires a Human Rights Act poster to be displayed by employers with five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
Filing and Civil Action Procedures
On April 17, 2024, after the state legislature adopted Governor Youngkin’s recommended changes, both House Bill (HB) 782 and Senate Bill (SB) 350 were enacted.
HB 782 updates language with regard to dual filing of unlawful discriminatory charges. When an individual wants to file an administrative complaint with Virginia’s Office of Civil Rights of the Department of Law (“Office of Civil Rights”) alleging a “violation of [the Virginia Human Rights Act] or federal statutes governing discrimination in employment that also falls under this chapter,” the filing timeframe with the Office of Civil Rights is now extended to within 300 days from when the alleged discrimination occurred.
SB 350 also amended the Virginia Human Rights Act, specifically relating to civil action filing timelines. Currently, the Office of Civil Rights must issue a notice of the right to file a civil action when either:
- 180 days have passed since the discrimination complaint was filed with the Office of Civil Rights; or
- The Office of Civil Rights found it will be unable to complete its investigation within 180 days after the complaint being filed.
SB 350 adds to these provisions stating that the individual may now file a civil action in court if the Office of Civil Rights fails to issue the above-described notice.
The amendments further provide that an aggrieved individual may file a civil action in court if one of the following occurs after dual filing a discrimination charge:
- A notice of their right to file a civil action was provided by the EEOC
- 180 days have passed since the complaint was filed with the Office of Civil Rights and no notice of right to file a civil action was received
Finally, SB 350 indicates that an individual may file suit on an action that is not dual filed after 180 days have passed since the filing with the Office of Civil Rights.
Source(s):GovDocs, received on June 27, 2024; LegiScan (HB 782), accessed on June 27, 2024; LegiScan (SB350), accessed on June 27, 2024