Virginia (VA) Age Discrimination Law in the Workplace

August 28th, 2006 Posted by Ashley

Virginia’s Human Rights Act, as enforced by the Human Rights Council is designed to protect individuals from discrimination, as defined in both state law and federal law. Therefore, if you are 18 or over, and work in Virginia, you are covered by this Act. Based on a study by the Human Rights Study Commission in 1985 and 1986, the Commonwealth of Virginia established the agency to “address the matter of discrimination as a state responsibility,” and move the state away from heavy dependence on federal laws.

The new Human Rights Act upgraded the commonwealth’s laws, which included the Fair Housing Law and the Disability Act. At the time, the study group reported that Virginia was one of only six states that had not adopted a Human Rights Act and set up a structure to enforce it. Although a few local governments had Human Relations Commissions in place, nothing existed statewide.

Age limits of 40 to 70, as then set in federal law, were included in Virginia’s legislation. I found the act also included the requirement that a complaint must be filed within 180 days of the incident. Remember that a business must have a minimum of six employees for a complaint to be filed under state law. Virginia, and most other states, will investigate alleged discrimination incidents under both state and federal law while attempting to reach resolution through conference and conciliation. Unsolved complaints may be referred to the appropriate federal agency if U.S. law applies.

I also discovered that the state places great emphasis on the intake process to get all the necessary information for moving forward with its investigation. Information gathered at this stage is also filed with the federal Equal Employment Opportunity Commission (EEOC). The agency then proceeds to mediation, trying to resolve the issue without going through the entire administrative process, which can include determination of basis for complaint, appeal, and public hearing.

In the past few years, several U.S. companies have been the focus of what has been called forced ranking in connection with age-related discrimination. This performance evaluation process is one in which employees are ranked or placed in categories, with raises and bonuses based on categories. Older workers were reportedly placed in lower categories on a consistent basis. However, the system was challenged in 2002 by a group of Capital One Services employees based in Richmond, Virginia.

Last 10 posts by Ashley

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Utah (UT) Age Discrimination Law in the Workplace »
Posted in Discrimination, Employment Laws, Hostile Environment, Virginia

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