Virginia Workplace Discrimination — Filing a Complaint
Protected classes, filing deadlines, and how to pursue a discrimination claim under Virginia and federal law.
Protected Classes
Under Virginia law, employers cannot discriminate based on: race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth, national origin, age, veteran status, disability — applies to employers with 5+ employees (expanded by virginia values act 2020); adds sexual orientation, gender identity, and veteran status beyond federal law.
Federal laws (Title VII, ADA, ADEA) provide additional protections for employees of employers with 15+ employees (20+ for age discrimination).
Types of Discrimination
Filing a Discrimination Complaint
You have Two years to file a complaint with the Virginia Office of Civil Rights, measured from the day the alleged discriminatory practice occurred; separate federal deadlines apply to charges filed with the EEOC §2.2-3907. Virginia Office of Civil Rights serves as a deferral agency with the EEOC; charges are cross-filed under a worksharing agreement; the Virginia Values Act created enhanced state enforcement mechanisms.
| Details | |
|---|---|
| State Agency | Virginia Office of Civil Rights (within the Office of the Attorney General) |
| Federal Agency | EEOC |
| State Deadline | Two years to file a complaint with the Virginia Office of Civil Rights, measured from the day the alleged discriminatory practice occurred; separate federal deadlines apply to charges filed with the EEOC §2.2-3907 |
| Federal Deadline | 180 days (300 with deferral) [42 U.S.C. § 2000e-5] |
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- Two years to file a complaint with the Virginia Office of Civil Rights, measured from the day the alleged discriminatory practice occurred; separate federal deadlines apply to charges filed with the EEOC