Virginia State Civil Rights Complaint (VHRA / Virginia Values Act)

CIVIL RIGHTS COMPLAINT — VIRGINIA HUMAN RIGHTS ACT

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — VHRA Discrimination (§ 2.2-3905)
7. Count II — VHRA Retaliation
8. Count III — VHRA Hostile Work Environment
9. Damages
10. Prayer for Relief
11. Demand for Trial by Jury
12. Signature Block
13. Certificate of Service
14. Virginia Practice Notes
15. Sources and References

1. CAPTION

VIRGINIA: IN THE CIRCUIT COURT FOR THE [CITY / COUNTY] OF [________________________________]

CASE NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

(Virginia Human Rights Act, Va. Code § 2.2-3900 et seq.)

Plaintiff, by and through undersigned counsel, complains of Defendants and alleges as follows:

2. NATURE OF THE ACTION

2.1. This is a civil action arising under the Virginia Human Rights Act ("VHRA"), Va. Code § 2.2-3900 et seq., as expanded by the Virginia Values Act (S.B. 868, 2020).

2.2. Plaintiff alleges that Defendants discriminated against Plaintiff on the basis of [PROTECTED CLASS — race / color / religion / sex / sexual orientation / gender identity / marital status / pregnancy / childbirth or related medical conditions / age / military status / disability / national origin], retaliated against Plaintiff for engaging in protected activity, and/or subjected Plaintiff to a hostile work environment in violation of Va. Code § 2.2-3905.

2.3. Plaintiff seeks compensatory damages, punitive damages (subject to the cap in Va. Code § 8.01-38.1), reasonable attorney fees and costs, equitable relief, and such other relief as this Court deems just.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult resident of [CITY/COUNTY], Virginia, and was at all relevant times an "employee" within the meaning of Va. Code § 2.2-3905(A).

3.2. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / other entity] organized under the laws of [STATE], registered to do business in Virginia, with its principal Virginia place of business at [ADDRESS].

3.3. At all relevant times, Employer employed [fifteen (15) / five (5) / one (1) — depending on claim type] or more employees and is therefore an "employer" within the meaning of Va. Code § 2.2-3905(A) for the claims pleaded herein.

3.4. [Individual Defendant Name(s)] are sued in their [individual / official] capacities for conduct as [supervisors / managers / officers] of Defendant Employer to the extent the VHRA and Virginia common law authorize individual liability.

3.5. This Court has subject-matter jurisdiction under Va. Code § 17.1-513 (general jurisdiction of circuit courts) and Va. Code § 2.2-3908 (private right of action under VHRA).

3.6. Venue is proper in this Circuit Court under Va. Code § 8.01-262 because the unlawful employment practices alleged herein occurred in [CITY/COUNTY], Virginia, and/or Defendant Employer regularly transacts substantial business in this jurisdiction.

4. ADMINISTRATIVE EXHAUSTION

4.1. On [DATE], within 300 days of the last alleged unlawful employment practice, Plaintiff filed a verified charge of unlawful discrimination with the Office of Civil Rights, Office of the Attorney General of Virginia ("OCR"), Charge No. [________], dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") under the OCR-EEOC work-share agreement.

4.2. Pursuant to Va. Code § 2.2-3907(F), Plaintiff requested in writing a Notice of the Right to File a Civil Action.

4.3. OCR issued a Notice of the Right to File a Civil Action dated [DATE]. A true and correct copy is attached hereto as Exhibit A.

4.4. This Complaint is filed within ninety (90) days of Plaintiff's receipt of the Notice of the Right to File a Civil Action, as required by Va. Code § 2.2-3908(B).

4.5. Plaintiff has exhausted all administrative remedies and conditions precedent to suit have been satisfied or waived.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff began employment with Defendant Employer on [DATE] as [POSITION].

5.2. At all relevant times, Plaintiff performed Plaintiff's duties competently and met or exceeded Employer's legitimate expectations.

5.3. Plaintiff is a member of the following protected class(es) under Va. Code § 2.2-3905: [RACE / COLOR / RELIGION / SEX / SEXUAL ORIENTATION / GENDER IDENTITY / MARITAL STATUS / PREGNANCY / CHILDBIRTH OR RELATED MEDICAL CONDITIONS / AGE / MILITARY STATUS / DISABILITY / NATIONAL ORIGIN].

5.4. Beginning on or about [DATE], Plaintiff was subjected to the following adverse employment actions and/or harassment:

• [Specific adverse action 1 — e.g., termination, demotion, pay cut, denied promotion, refused accommodation];
• [Specific harassment incident 1 — date, location, actors, statements];
• [Specific harassment incident 2];
• [Pattern of differential treatment — comparators].

5.5. On [DATE], Plaintiff reported the discrimination/harassment to [HR / supervisor / hotline] and engaged in protected activity by [describe complaint, OCR/EEOC charge, accommodation request, etc.].

5.6. Following Plaintiff's protected activity, Defendants [describe retaliation — termination, schedule changes, write-ups, isolation].

5.7. Similarly situated employees outside Plaintiff's protected class(es) were treated more favorably, including [name comparators and treatment].

5.8. Defendants' stated reasons for the adverse actions are pretextual because [explain inconsistencies, shifting rationales, deviations from policy, temporal proximity].

6. COUNT I — VHRA DISCRIMINATION (§ 2.2-3905)

(Against Defendant Employer)

6.1. Plaintiff incorporates Paragraphs 1.1 through 5.8 as if fully restated.

6.2. The Virginia Human Rights Act, Va. Code § 2.2-3905(B)(1), makes it an unlawful discriminatory practice for an employer to fail or refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to such individual's compensation, terms, conditions, or privileges of employment because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, or disability.

6.3. Defendant Employer discriminated against Plaintiff because of Plaintiff's [PROTECTED CLASS] by [ADVERSE ACTION].

6.4. As a direct and proximate result, Plaintiff has suffered lost wages and benefits, emotional distress, humiliation, loss of professional reputation, and other compensable damages.

7. COUNT II — VHRA RETALIATION

(Against Defendant Employer)

7.1. Plaintiff incorporates Paragraphs 1.1 through 6.4.

7.2. Va. Code § 2.2-3905(B)(8) prohibits an employer from discharging, expelling, or otherwise discriminating against any person because such person has opposed any practice prohibited by the VHRA, or because such person has filed a complaint, testified, or assisted in any proceeding under the VHRA.

7.3. Plaintiff engaged in protected activity by [describe — internal complaint, OCR charge, EEOC charge, witness, accommodation request], and Defendant Employer thereafter took materially adverse action by [describe], with a causal connection demonstrated by [temporal proximity / direct evidence / pattern].

7.4. Plaintiff has suffered the damages set forth above.

8. COUNT III — VHRA HOSTILE WORK ENVIRONMENT

(Against Defendant Employer)

8.1. Plaintiff incorporates Paragraphs 1.1 through 7.4.

8.2. The VHRA prohibits subjecting an employee to a hostile work environment based on a protected class. The harassment Plaintiff endured was severe or pervasive, was unwelcome, was based on Plaintiff's [PROTECTED CLASS], and altered the terms and conditions of Plaintiff's employment.

8.3. Defendant Employer knew or should have known of the harassment and failed to take prompt, effective remedial action.

8.4. Plaintiff has suffered the damages set forth herein.

9. DAMAGES

9.1. Back Pay and Benefits. Lost wages, bonuses, commissions, and benefits from the date of the adverse action through the date of judgment, with prejudgment interest pursuant to Va. Code § 8.01-382.

9.2. Front Pay or Reinstatement. Reinstatement to Plaintiff's former position with full seniority, or in the alternative, front pay in an amount sufficient to make Plaintiff whole.

9.3. Compensatory Damages. Emotional distress, mental anguish, humiliation, loss of professional reputation, and other non-economic injuries, recoverable under Va. Code § 2.2-3908(B).

9.4. Punitive Damages. Available where Defendants acted with actual malice or with such recklessness as to evince a conscious disregard for Plaintiff's rights, subject to the $350,000 statutory cap in Va. Code § 8.01-38.1 (per lawsuit; jury not advised of cap).

9.5. Attorney Fees and Costs. Reasonable attorney fees and costs to a prevailing plaintiff under Va. Code § 2.2-3908(C).

9.6. Equitable Relief. Injunctive and declaratory relief as provided under Va. Code § 2.2-3908(B) and the Court's general equitable powers.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for the following relief:

• A. Judgment for Plaintiff and against Defendants on all counts;
• B. Back pay, lost benefits, and prejudgment interest;
• C. Reinstatement or, in the alternative, front pay;
• D. Compensatory damages in an amount to be determined at trial;
• E. Punitive damages, subject to the cap in Va. Code § 8.01-38.1;
• F. A declaratory judgment that Defendants' conduct violated the Virginia Human Rights Act;
• G. Permanent injunctive relief enjoining further discrimination and retaliation, and ordering Defendants to implement remedial training and policy changes;
• H. Reasonable attorney fees and costs pursuant to Va. Code § 2.2-3908(C);
• I. Such other and further relief as the Court deems just and equitable.

11. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to Va. Code § 8.01-336 and Va. Const. art. I, § 11.

12. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[PLAINTIFF NAME]

By Counsel

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], VSB No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, VA ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a true and correct copy of the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL was served upon all parties via the Virginia Circuit Court Case Information System and/or by service of process pursuant to Va. Code § 8.01-296 et seq.

[________________________________]

[ATTORNEY NAME], VSB No. [####]

14. VIRGINIA PRACTICE NOTES

• Private right of action. Unlike pre-2020 Virginia civil rights law, the Virginia Values Act (S.B. 868, 2020) created a robust private right of action under Va. Code § 2.2-3908 for VHRA violations. The action lies in Virginia circuit court.
• Mandatory exhaustion. Charge must be filed with the Office of Civil Rights (OCR) at the Office of the Attorney General within 300 days for employment claims (work-share with EEOC) or 180 days for housing/public accommodations claims. § 2.2-3907.
• Right-to-sue mechanics. Upon written request from the complainant, OCR issues a Notice of Right to File a Civil Action after 180 days from charge filing or earlier upon a finding it cannot complete the investigation in 180 days. § 2.2-3907(F). Civil action must be filed within 90 days of receipt. § 2.2-3908(B).
• Protected classes (Virginia Values Act). Race (including traits historically associated with race such as hair texture and protective hairstyles), color, religion, national origin, sex (including pregnancy, childbirth or related medical conditions, including lactation), age, marital status, sexual orientation, gender identity, military status, disability.
• Employer-size thresholds (§ 2.2-3905). 15+ employees for general protected-class discrimination; 5+ for unlawful discharge based on age; 1+ for wrongful discharge based on pregnancy or childbirth and other specified categories. Verify before pleading.
• Damages. Compensatory damages with no statutory cap; punitive damages capped at $350,000 per lawsuit under Va. Code § 8.01-38.1; attorney fees to prevailing plaintiff under § 2.2-3908(C).
• Parallel federal claims. Title VII, ADA, ADEA, and § 1981 claims may be filed in Virginia state circuit court (concurrent jurisdiction) or in U.S. District Court for the Eastern or Western District of Virginia. Removal under 28 U.S.C. § 1441 should be anticipated if federal counts are joined.
• Wrongful discharge in violation of public policy. Bowman v. State Bank of Keysville, 229 Va. 534 (1985), established Virginia's narrow public-policy tort. The 2020 Virginia Values Act largely subsumes prior Bowman discrimination claims into the VHRA but does not eliminate the Bowman tort entirely.
• Pleading standard. Virginia is a notice-pleading jurisdiction under Rule 1:4. Plaintiff must plead "the essential facts" supporting each element of each claim with sufficient specificity to give fair notice.
• Service. Serve under Va. Code § 8.01-296 (individuals) or § 13.1-637 / § 13.1-1018 (corporations and LLCs through registered agent or Clerk of SCC).

15. SOURCES AND REFERENCES

• Va. Code § 2.2-3900 (VHRA — Short title; declaration of policy) — https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3900/
• Va. Code § 2.2-3905 (Unlawful employment practices) — https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3905/
• Va. Code § 2.2-3907 (Charge procedures; right to sue) — https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3907/
• Va. Code § 2.2-3908 (Civil actions by private parties) — https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3908/
• Va. Code § 2.2-520 (Office of Civil Rights) — https://law.lis.virginia.gov/vacode/title2.2/chapter5/section2.2-520/
• Va. Code § 8.01-38.1 (Punitive damages cap) — https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-38.1/
• S.B. 868 (2020) (Virginia Values Act) — https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB868
• Office of the Attorney General — Civil Rights — https://www.oag.state.va.us/citizen-resources/civil-rights
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Bowman v. State Bank of Keysville, 229 Va. 534 (1985)
• 42 U.S.C. § 2000e et seq. (Title VII)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The Virginia Human Rights Act creates a private right of action in circuit court only after exhaustion through the OCR. An attorney licensed in Virginia must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.