Virginia Employment Law

Virginia Human Rights Act was dramatically expanded in 2020 by the Virginia Values Act. Covers all employers (1+), added sexual orientation/gender identity, private right of action with uncapped damages.

At-Will

Yes

Right-to-Work

Yes

EEOC Deferral

300 days

Min. Wage

$12.77

Virginia State Laws (1)

VHRA

Va. Code Ann. §§ 2.2-3900 to 2.2-3903

300 days
1+ employees

The Virginia Human Rights Act was dramatically expanded in 2020 by the Virginia Values Act, transforming Virginia from one of the weakest to one of the strongest states for employment discrimination protections. The Act now covers all employers with one or more employees and prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth, age, marital status, sexual orientation, gender identity, disability, and veteran status. The Virginia Values Act added a private right of action, eliminated damage caps for smaller employers, and included sexual orientation and gender identity protections.

Protected Classes

racecolorreligionnational originsexpregnancychildbirthrelated medical conditionsagemarital statussexual orientationgender identitydisabilitymilitary statusgenetic information

Key Provisions

  • ✓Virginia Values Act (2020) transformed Virginia from one of the weakest to one of the strongest states for employment protections, covering all employers with 1+ employees
  • ✓Added sexual orientation, gender identity, and veteran status as protected classes while creating a private right of action for the first time
  • ✓Employees may file with the state agency within 300 days or file directly in state court within 2 years without administrative exhaustion

Remedies

Back payFront payCompensatory damagesPunitive damagesAttorney fees and costsInjunctive reliefReinstatement
File with: Virginia Office of Civil Rights (within DHRM) or direct filing in state court300 days (administrative) or 2 years (direct court filing)

Federal Laws That Apply in Virginia

These federal statutes protect workers nationwide, including in Virginia. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in Virginia

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.Virginia laws are subject to legislative changes. Consult a qualified employment attorney in Virginia for advice about your specific situation. Last reviewed: February 2025.