Virginia allows almost limitless damages for discriminatory discharge

In previous issues of Mid-Atlantic Employment Law Letter, we’ve highlighted the Virginia legislature’s historic expansion of worker protections during the 2020 legislative session. Most notably, the legislature passed the Virginia Values Act, which takes effect on July 1 and expands the scope of the Virginia Human Rights Act (VHRA). Previously, the VHRA prohibited discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, and disability. The Values Act adds sexual orientation/gender identity to the list of protected categories and expands the existing prohibition on race discrimination to encompass protections for hair texture and styles.

Expanded remedies

But perhaps the biggest change, although less headline-grabbing, is the Values Act’s creation of a potent private right of action for employment discrimination. If you have five or more employees, you are subject to the VHRA and now can be sued for wrongful discharge claims based on any of the protected categories set forth in the statute, including the new categories of sexual orientation/gender identity and hair texture/styles.