4.3 The Virginia Human Rights Act

• Library: The Virginia Lawyer: A Deskbook for Practitioners (Virginia CLE) (2018 Ed.)

4.3 THE VIRGINIA HUMAN RIGHTS ACT

The Virginia Human Rights Act (VHRA) prohibits discrimination in employment because of race, color, religion, national origin, sex, age, marital status, disability, pregnancy, childbirth or related medical condition, including lactation. ³⁶ The VHRA applies to all employers, but a lawsuit to enforce the VHRA's provisions is limited to a claim for wrongful discharge against employers with more than five but fewer than fifteen employees. ³⁷ When age is the basis for the discriminatory discharge, the employer must have more than five but fewer than twenty employees for the statute to apply. ³⁸

The VHRA creates an exclusive remedy for claims alleging a violation of the VHRA or the public policies reflected in the Act. ³⁹ A successful...