State law. A separate provision of the VHRA prohibits employers with 6 to 14 employees from discharging an employee on the basis of age (VA Stat. Sec. 2.2-3903). The provision allows a former employee to bring a civil action in a general district or circuit court, but applies only when there has been a discharge from employment.
Federal law. The federal Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against applicants or employees on the basis of age (40 years old or older). The ADEA covers employers with 20 or more employees.
Common law. Employers in Virginia have been sued for wrongful discharge for violations of public policy unrelated to the VHRA where the VHRA and ADEA have not been applicable (Rowan v. Tractor Supply Co., 559 S.E.2d 709 (Va. 2002)).