3.7 Virginia State Law Cause of Action for Age Discrimination

• Library: Employment Law in Virginia (Virginia CLE) (2020 Ed.)

3.7 VIRGINIA STATE LAW CAUSE OF ACTION FOR AGE DISCRIMINATION

Although the Virginia Supreme Court had previously determined that there was a Bowman-type cause of action in tort for the improper discharge of an employee for age-related reasons, ¹²⁶ that holding has now been constructively overruled by the court's decision in Doss v. Jamco, Inc. ¹²⁷ In Doss, the court, in interpreting amendments to portions of the Virginia Human Rights Act, held that the amendments prohibited a common law cause of action based on public policies that were otherwise reflected in the Virginia Human Rights Act. ¹²⁸ State law remedies for age discrimination in...