Virginia Age Discrimination laws & HR compliance analysis

Virginia Age Discrimination: What you need to know

The Virginia Human Rights Act (VHRA) prohibits employment practices that discriminate against applicants and employees on the basis of age (40 years or older) (VA Stat. Sec. 2.2-3900 et seq.). The VHRA covers employers with six or more employees.
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For job advertisements, employers should avoid age-related specifications such as “young” or “youthful.” In addition, application forms should not contain requests for age-related dates such as high school or college graduation dates. Instead, employers should focus on degrees or training required to perform the job in question.
State law. The VHRA prohibits employers with 6 to 19 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.
The VHRA is enforced by the Division of Human Rights in the Office of the Attorney General. The Division is authorized to receive and investigate complaints and attempt negotiated resolutions. In cases where a federal law also applies to the complaint, the Division refers the case to the appropriate federal agency and takes no further action if negotiated resolution fails. In cases where another state law applies, the Division will defer to the agency charged with enforcing the other state law. In all other cases, the Division can hold hearings and issue recommendations (but not ...

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Virginia Age Discrimination Resources

Type Title
Handouts Supervising Older Employees (Handout)
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