4.3 The Virginia Human Rights Act

• Library: The Virginia Lawyer: A Deskbook for Practitioners (Virginia CLE) (2022 Ed.)

4.3 THE VIRGINIA HUMAN RIGHTS ACT

The Virginia Values Act, ¹⁹⁷⁹ enacted during the 2020 session of the General Assembly, is a significant expansion of the Virginia Human Rights Act (VHRA). ¹⁹⁸⁰ Prior to 2020, the VHRA was a limited and little-used remedy for employees. This is no longer the case, and going forward the VHRA may become the primary means of addressing employment discrimination claims in Virginia.

4.301 Coverage.

The VHRA, as amended, covers employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. ¹⁹⁸¹ But in the case of an unlawful discharge, coverage extends to employers with more than five employees, or in the case of unlawful discharge based on age, employers with more than five but fewer than 20 employees. ¹⁹⁸²

4.302 Protected Classes.

The VHRA makes it unlawful to discriminate against a person because of that person's race; color; religion; sex; sexual orientation; gender identity; marital status; pregnancy, childbirth, or related medical conditions, including lactation; age; military status; disability; or national origin. ¹⁹⁸³

Included under race discrimination is discrimination because of traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks, and twists. ¹⁹⁸⁴

Amendments effective in 2021 added people with disabilities ¹⁹⁸⁵ to the protected classes and, by substituting "military status" ¹⁹⁸⁶ for "status as a veteran," extended the protections for individuals who serve or have served in the military. Military status means status as (i) a member of the uniformed forces as defined in 10 U.S.C. § 101(a)(5) or a reserve component thereof named under 10 U.S.C. § 10101; (ii) a veteran as defined in 38 U.S.C. § 101(2); or (iii) a dependent as defined in 50 U.S.C. § 3911(4). ¹⁹⁸⁷

4.303 Prohibited Actions.

Under the VHRA, it is an unlawful discriminatory practice for an employer to:

a. Fail or refuse to hire, discharge, or discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment. ¹⁹⁸⁸

b. Limit, segregate or classify employees or applicants in a way that would deprive them of employment opportunities or otherwise adversely affect their status. ¹⁹⁸⁹

c. Use a protected characteristic as a motivating factor for any employment practice. ¹⁹⁹⁰

4.304 Employee Remedies for Unlawful Discrimination.

Under the new version of the VHRA, an employee...