labor lawAdivision of labor law center

In Virginia, sexual discrimination law in the workplace is outlined in the Virginia Human Rights Act. This act prohibits employers from discriminating against its employees on the basis of sex.

Under this law, “employers” are those who have six or more employees. This differs from federal law because Title VII applies to employers who have fifteen or more employees. The law specifically covers discrimination on the basis of sex or gender and includes pregnancy, childbirth and pregnancy-related conditions.

Anyone who wants to file a claim against an employer needs to do so within 180 days of the alleged incident with the Virginia Council on Human Rights. Filing a complaint consists of filling out a Complaint Questionnaire which can be obtained from the Council or online. The Council will then send a copy of your complaint to your employer and give him or her chance to respond.

Then, the council will assign a Compliance Officer to your case who will gather facts about your complaint. The Officer will also make a decision of either reasonable cause or no reasonable cause to believe that your rights have been violated. If the Officer finds reasonable cause, you and your employer will enter a settlement phase. If this doesn’t work, the case will go to a public hearing before a Hearing Officer.

You can choose to go through federal courts instead of the Virginia Council on Human Rights, but you’ll need to file with the EEOC to request a “Right to Sue” letter first. In Virginia, you are unable to take the case to private court. If the Council and the Hearing Officer cannot agree on a decision, however, the Council may decide to file the case in court on your behalf.

It’s up to both employers and employees to know their rights and responsibilities in terms of sexual discrimination law in the workplace. Employers should also always have a current Virginia Complete Labor Law Poster posted in the workplace.

Last 10 posts by Hannah

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