Employment Discrimination Demand Letter - Virginia

EMPLOYMENT DISCRIMINATION DEMAND LETTER

Virginia Law

Virginia Human Rights Act, Va. Code Section 2.2-3900 et seq.

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Virginia ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Virginia State Bar No.]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Re: Employment Discrimination Claim of [Client Full Name]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - VA. R. EVID. 2:408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company").

I. LEGAL FRAMEWORK

A. Virginia Human Rights Act (VHRA)

Virginia prohibits employment discrimination under Va. Code Section 2.2-3900 et seq., significantly expanded by the Virginia Values Act of 2020.

Protected Classes Under VHRA (as amended):

• Race
• Color
• Religion
• National origin
• Sex (including pregnancy, childbirth, related conditions)
• Age (40+)
• Marital status
• Sexual orientation (added 2020)
• Gender identity (added 2020)
• Disability
• Military status
• Veteran status

B. Federal Anti-Discrimination Laws

C. Administrative Enforcement

Important: The Virginia Values Act of 2020 created a private right of action. Administrative exhaustion is NOT required for VHRA claims.

II. FACTUAL BACKGROUND

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], Virginia.

III. LEGAL CLAIMS

A. Violation of Virginia Human Rights Act

[Company Short Name] violated the VHRA by discriminating against our client based on [protected class].

Key Provisions (Post-Virginia Values Act):

• Applies to employers with 5+ employees (previously 15+)
• Private right of action created in 2020
• No administrative exhaustion required
• Sexual orientation and gender identity protected

IV. DAMAGES

A. Damage Caps (Va. Code Section 2.2-3908)

B. Summary of Damages

V. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.

VI. RESPONSE DEADLINE

Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Virginia State Bar No.]

VIRGINIA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key Virginia Considerations

[ ] Virginia Values Act (2020): Major expansion - created private right of action, added SOGI protections

[ ] No Administrative Exhaustion: Can file directly in court under VHRA

[ ] Lower Employee Threshold: Now 5+ employees (reduced from 15)

[ ] SOGI Protected: Sexual orientation and gender identity protected since 2020

[ ] Federal Damage Caps: Virginia follows Title VII cap structure

Statute of Limitations Reference