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The Basics

Virginia employers are required to abide by federal and state laws governing employment practices and claims of workplace discrimination. The interpretation of these laws vary from day to day and from court to court. However, the first step an employer can take to avoid workplace violations is to know which laws are applicable to its business.

The Federal Laws

I. Title VII
Prohibits: Discrimination based on race, color, national origin, religion or sex in terms of hiring, firing, promotion, compensation or other conditions or privileges of employment. The Act also prohibits maintaining a hostile work environment.
Covers: Employers with 15 or more employees in 20 or more calendar workweeks.
Note: An employer can be liable for the unlawful actions of third parties, such a customers, against its employees where the employer knows or should have known of the conduct and fails to take appropriate action.
II. Age Discrimination in Employment Act
Prohibits: Discrimination against workers aged 40 or older in terms of hiring, firing, promotion, compensation or other conditions or privileges of employment.
Covers: Employers with 20 or more employees in 20 or more calendar workweeks.
Note: The firing of an employee for the sole reason that his salary is too high does not violate the ADEA per se.
III. Americans With Disabilities Act<
Prohibits: Discrimination against a job applicant or employee who is a qualified individual with a disability. To be "qualified," the employee must be able to perform the fundamental functions of the job with or without a reasonable accommodation. To be "disabled," an employee must have a physical or mental impairment that substantially limits one or more major life activities.
Covers: Employers with 15 or more employees in 20 or more calendar workweeks.
Note: Recovered alcoholics or former substance abusers are entitled to the protections of this Act. However, current users of illegal drugs are not.
IV. Family and Medical Leave Act
Allows: An employee may take up to 12 weeks of unpaid leave during any 12 month period: for the birth or adoption of a child; to care for a spouse, parent or child who suffers from a serious health condition; or because the employee suffers from a serious health condition that prohibits the employee from performing his job.
Covers: Employers with 50 or more employees within a 75 mile radius during 20 or more calendar workweeks.
Note: The employer is required to maintain the employee?s group health insurance coverage while on leave and return employee to same or substantially similar position. To be entitled to the protections of this Act, the employee must have worked for the employer for 12 months, including 1250 hours.
V. Equal Pay Act
Prohibits: Discrimination in wages on the basis of sex.
Covers: Any employer who is engaged in interstate commerce.
Note: "Wages" includes fringe benefits (i.e. tickets to ball games, out of town golfing trips, etc. . .) as well as wages or salary. An employer may not come into compliance with the law by lowering the wage rate of other employees.

The Virginia Statutes

I. Virginians With Disabilities Act
Prohibits: Discrimination against disabled applicant or employee solely because of the disability.
Covers: All Virginia employers except those already covered by the Rehabilitation Act of 1973 (covered employers include federal governmental agencies and departments, federal contractors, those who provide services, goods or construction contracts to the government and federal fund recipients.).
Note: Unlike ADA, does not protect persons who are perceived as having a disability.
II. Virginia Human Rights Act
Prohibits: Discrimination in employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age marital status, or disability.
Covers: All employers in Virginia. However, a private cause of action can be maintained only against entities which employ more than 5 but less than 15 employees.
Note: Recent court decisions regarding wrongful termination claims suggest that employees no longer have common law claims for wrongful discharge, but must instead bring an action for wrongful discharge under state or federal statutes.