Discrimination - Other - Virginia

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Virginia Human Rights Act identifies the following protected classes for purposes of employment discrimination:

• Race (including traits historically associated with race, including hair texture, hair type, and protective hairstyles),
• Color,
• Religion (any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols),
• Sex,
• Sexual orientation (a person’s actual or perceived heterosexuality, bisexuality, or homosexuality),
• Gender identity (gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth),
• Marital status,
• Pregnancy,
• Childbirth or related medical conditions (including lactation),
• Age (40 or older),
• Military status (a member of the uniformed services of the U.S. or a reserve component, a veteran, or a dependent),
• Disability (physical and mental impairment), and
• National origin.

Virginia employment discrimination law generally applies to employers with 15 or more employees, but most unlawful discharge claims may be brought against employers with more than five employees.

Disclosure of genetic data by direct-to-consumer genetic testing companies to employers is prohibited absent the employee’s express consent.

Virginia also prohibits employers from requiring employees or applicants to refrain from smoking or using tobacco products.

CROWN Act

Under Virginia’s CROWN Act, the terms "because of race" or "on the basis of race" or terms of similar import when used in reference to discrimination include because of or based on traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks, and twists.

State

Related information

Protected classes ezExplanation

Contact

Division of Human Rights

Regulations

Va. Code Ann. § 2.2-3905 Nondiscrimination in employment; definitions; exceptions

Va. Code Ann. § 2.2-3905.1 Reasonable accommodations for persons with disabilities; unlawful discriminatory practice; notice of rights

Va. Code Ann. § 2.2-3901 Definitions

Va. Code Ann. 59.1-599 Certain disclosures of genetic data prohibited

Va. Code Ann. § 2.2-3901 D. Definitions; Terms "because of race" and "on the basis of race"

Va. Code Ann. § 2.2-3900 B. 2. Short title; Declaration of policy re: unlawful discrimination in employment

Senate Bill 50Virginia Annotated Code §2.2-2902

Virginia Annotated Code §15.2-1504

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.