In the realm of employment law, federal statutes like Title VII of the Civil Rights Act of 1964 provide robust protections against workplace discrimination. However, many states, including Virginia, have enacted their own laws that complement and, in some cases, extend beyond federal protections. Virginia’s equivalent to Title VII is the Virginia Human Rights Act (VHRA). Here, we explore how the VHRA compares to Title VII and highlight key differences that employers and employees in Virginia should be aware of.
Coverage and Scope
Virginia Human Rights Act (VHRA):
- Employer Coverage: Applies to employers with 15 or more employees. However, for claims related to discriminatory discharge, it covers employers with more than five employees.
- Protected Classes: The VHRA prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, age, veteran status, national origin, and pregnancy (including childbirth and related medical conditions).
Title VII of the Civil Rights Act of 1964:
- Employer Coverage: Generally applies to employers with 15 or more employees.
- Protected Classes: Prohibits discrimination based on race, color, religion, sex, and national origin. While it does not explicitly include sexual orientation or gender identity, these are covered under sex discrimination following federal case law interpretations.
Damages and Remedies
HRA:
- Compensatory Damages: No cap on compensatory damages.
- Punitive Damages: Capped at $350,000.
- Additional Remedies: Allows for attorneys’ fees, costs, and injunctive relief.
Title VII:
- Compensatory and Punitive Damages: Capped based on the size of the employer, with a maximum combined cap of $300,000 for the largest employers.
- Remedies: Includes back pay, reinstatement, compensatory damages, punitive damages (where applicable), and attorneys’ fees.
Burden of Proof
VHRA:
- Standard: Allows claims to succeed if discrimination was a motivating factor in the adverse employment action, making it potentially easier for plaintiffs to prevail.
Title VII:
- Standard: Plaintiffs must demonstrate that discrimination was a determinative factor in the adverse employment decision, which can be a higher burden of proof compared to the VHRA.
Procedural Differences
VHRA:
- Administrative Filing: Employees must file a charge with the Virginia Division of Human Rights and receive a right-to-sue letter before proceeding to court. However, for claims related to failure to provide reasonable accommodations for pregnancy, childbirth, or related conditions, employees can file directly in state court without exhausting administrative remedies.
Title VII:
- Administrative Filing: Requires filing a charge with the Equal Employment Opportunity Commission (EEOC) and obtaining a right-to-sue letter before initiating a lawsuit in court.
Summary Judgment
VHRA:
- State Court Proceedings: Summary judgment is more challenging to obtain due to restrictions on using depositions in support of such motions, which can lead to more cases proceeding to trial.
Title VII:
- Federal Court Proceedings: Summary judgment is more readily granted, often resulting in cases being resolved without a full trial.
Conclusion
The Virginia Human Rights Act provides robust protections for employees, often extending beyond the federal Title VII in terms of covered employers, protected classes, and potential remedies. Understanding these differences is crucial for both employers and employees in Virginia. Employers should ensure their policies comply with both state and federal laws, while employees should be aware of their rights under both statutes to effectively address and remedy instances of workplace discrimination.
For more detailed guidance and legal advice specific to your situation, please contact Klaproth Law to schedule a free, confidential consultation.
