![va employee manual va employee manual](https://s3.manualzz.com/store/data/036749088_1-496580c1c975e92aa9d78bee7829a37a-360x466.png)
Now that the VHRA applies to larger employers, such employees may sue in state court (unless the employer has grounds to remove the claim to federal court). These claims were normally litigated in federal court, where employers often move for summary judgment in an effort to defeat the claims without going to trial. Because the VHRA previously applied only to smaller employers, employees of larger employers could bring discrimination claims only under the federal anti-discrimination laws. (Note, however, that Virginia has a separate statutory cap of $350,000 on punitive damages which likely still applies apply.) The amended VHRA, however, authorizes unlimited compensatory damages, punitive damages, attorneys’ fees, costs, and injunctive relief. The VHRA previously authorized only limited back pay and attorneys’ fee awards to prevailing plaintiffs. VHDR or the EEOC will investigate and, at the conclusion of the investigation, typically will issue a “right to sue” letter, which will give the employee the right to bring a lawsuit in state court. Equal Employment Opportunity Commission (EEOC), which is cross-filed with VHDR. Similar to Title VII of the Civil Rights Act, before bringing a VHRA claim in court, employees must exhaust their administrative remedies by first filing an administrative charge either with the Virginia Division of Human Rights (VDHR), or the U.S. In addition, race discrimination is now defined to include traits historically associated with race, including “hair texture, hair type, and protective hairstyles such as braids, locks, and twists.” In addition to covering longstanding protected classes of race color religion national origin sex and pregnancy, childbirth, or related medical conditions, the VHRA now covers sexual orientation, gender identity, and veteran status.
![va employee manual va employee manual](https://www.fedweek.com/wp-content/uploads/feh_300_225_2021-e1607111017557.jpg)
Smaller employers with at least 6 employees remain covered for claims of discriminatory discharge. As amended, the VHRA now covers all private employers with 15 or more This change effectively means that all violations of federal anti-discrimination laws such as Title VII of the Civil Rights Act of 1964 now violate the VHRA, as well. Prior to the amendments, the VHRA covered only certain small employers not covered by the federal anti-discrimination laws. The amendments also provide many more employees a path to bring discrimination claims in Virginia state court (instead of federal court), where it is much more difficult for an employer to defeat a discrimination claim without going to trial. The Virginia Human Rights Act (VHRA), as amended by the 2020 “Virginia Values Act,” will now cover more employers and more protected classes, and it expands the remedies available to employees who sue. This article summarizes the key changes made by these laws and provides a checklist of essential steps employers should consider taking now to prepare.Įxpanded protections relating to discrimination and accommodation Most of these laws take effect on July 1, 2020, and employers must take action to prepare for them, including updating employment policies and practices, providing certain notices to employees, ensuring non-compete agreements are not being provided to employees earning less than the average wage in Virginia, updating pay stubs, and generally understanding new exposures and risks. Virginia has substantially rewritten its employment laws to provide a number of new protections and rights to employees in the areas of employment discrimination, whistleblower protection, non-compete agreements, independent contractor classification, wage payment, and more.