What are my rights against workplace harassment in Virginia?

1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), establish the hostile-environment baseline.

2. State Statute & Agency. The Virginia Human Rights Act (VHRA), Va. Code § 2.2-3900 et seq., as amended by the Virginia Values Act (2020), is enforced by the Office of the Attorney General Division of Human Rights. The VHRA covers employers with 6 or more employees for discrimination claims and 1+ for certain provisions (Va. Code § 2.2-3905).

3. Standard for Hostile Work Environment. Virginia courts apply the federal "severe or pervasive" standard from Harris v. Forklift Systems, 510 U.S. 17 (1993).

4. Protected Categories. Race, color, religion, national origin, sex, pregnancy/childbirth/related medical conditions, age, marital status, disability, sexual orientation, gender identity, military status, and (effective 2021) status as a victim of domestic violence.

5. Quid Pro Quo vs Hostile Environment. Virginia follows Faragher/Ellerth: tangible employment action triggers strict liability.

6. Employer Liability. Employers may raise the Faragher/Ellerth affirmative defense for supervisor hostile-environment claims absent tangible action.

7. Mandatory Training. Virginia has no statewide harassment-training mandate, though state agencies have internal policies.

8. Filing Deadline. EEOC: 300 days. Virginia OAG Division of Human Rights: 300 days (Va. Code § 2.2-3907). After exhausting administrative process or 180 days, claimants may sue in circuit court within 90 days of right-to-sue.

9. NDA Restrictions. Va. Code § 40.1-28.01 (effective 2019, expanded 2023) voids any nondisclosure or confidentiality agreement that conceals sexual assault or sexual harassment as a condition of employment.

This is legal information, not legal advice.