Virginia Charge of Discrimination — Office of Civil Rights, OAG

CHARGE OF DISCRIMINATION

Office of Civil Rights
Office of the Attorney General of Virginia

202 North Ninth Street, Richmond, VA 23219

1. COMPLAINANT INFORMATION

2. RESPONDENT INFORMATION

3. JURISDICTION AND TIMELINESS

3.1. The acts complained of occurred in the Commonwealth of Virginia, in [CITY/COUNTY], on or about [DATE(S)].

3.2. This charge is filed within the applicable limitations period under Va. Code § 2.2-3907:

• ☐ Employment discrimination — within 300 days of the alleged unlawful practice (work-share with EEOC).
• ☐ Housing discrimination — within 180 days of the alleged unlawful practice (Va. Fair Housing Law).
• ☐ Public accommodations discrimination — within 180 days of the alleged unlawful practice.

3.3. ☐ Complainant requests dual filing with the U.S. Equal Employment Opportunity Commission (EEOC) under the OCR-EEOC work-share agreement.

3.4. ☐ Complainant requests dual filing with the U.S. Department of Housing and Urban Development (HUD) under the OCR-HUD work-share agreement (housing claims).

4. BASIS OF DISCRIMINATION (Check all that apply)

Discrimination is alleged on the basis of the following protected class(es) under Va. Code § 2.2-3900 et seq.:

• ☐ Race (including traits historically associated with race — hair texture, hair type, protective hairstyles)
• ☐ Color
• ☐ Religion
• ☐ National Origin
• ☐ Sex
• ☐ Pregnancy, Childbirth, or Related Medical Conditions (including lactation)
• ☐ Sexual Orientation
• ☐ Gender Identity
• ☐ Marital Status
• ☐ Age
• ☐ Military Status
• ☐ Disability
• ☐ Source of Funds (housing only)
• ☐ Familial Status (housing only)
• ☐ Retaliation for Protected Activity

5. NATURE OF DISCRIMINATORY ACT (Check all that apply)

• ☐ Termination / Discharge
• ☐ Failure to Hire
• ☐ Demotion
• ☐ Failure to Promote
• ☐ Harassment / Hostile Work Environment
• ☐ Denial of Reasonable Accommodation
• ☐ Unequal Pay or Compensation
• ☐ Disparate Discipline
• ☐ Constructive Discharge
• ☐ Refusal to Rent / Sell / Lease (housing)
• ☐ Discriminatory Terms or Conditions (housing)
• ☐ Refusal of Service (public accommodation)
• ☐ Retaliation
• ☐ Other: [________________________________]

6. STATEMENT OF PARTICULARS

6.1. I, [COMPLAINANT NAME], am a member of the protected class(es) checked above because [brief identification — e.g., "I am African American," "I am 52 years old," "I am pregnant," "I have a qualifying disability under § 2.2-3901"].

6.2. I began [employment / tenancy / patronage] with Respondent on [DATE] as [POSITION / TENANT / CUSTOMER].

6.3. The following adverse actions occurred:

• On [DATE], [describe specific incident — actor, conduct, words spoken, location].
• On [DATE], [describe specific incident].
• On [DATE], [describe specific incident].

6.4. The following individuals were responsible for or witnessed the discriminatory conduct: [list names, titles, contact information].

6.5. Similarly situated individuals outside my protected class were treated more favorably: [name comparators and describe differential treatment].

6.6. Respondent's stated reason(s) for the adverse action are pretextual because [explain inconsistencies, shifting rationales, deviations from policy, temporal proximity to protected activity].

6.7. I engaged in protected activity by [describe — internal complaint, accommodation request, prior charge, witness testimony] on [DATE], and Respondent retaliated by [describe].

6.8. As a result of Respondent's conduct, I have suffered [lost wages, emotional distress, denial of housing, loss of professional reputation, etc.].

7. RELIEF REQUESTED

I request that the Office of Civil Rights:

• ☐ Investigate this charge under Va. Code § 2.2-3907;
• ☐ Attempt conciliation with Respondent;
• ☐ Issue a determination of reasonable cause;
• ☐ Issue a Notice of the Right to File a Civil Action upon my written request, in accordance with Va. Code § 2.2-3907(F) and 1 VAC 45-20-87;
• ☐ Refer this charge to the U.S. EEOC, HUD, or other appropriate federal agency;
• ☐ Award such administrative relief as may be appropriate under Va. Code § 2.2-3907.

8. RIGHT TO SUE — REQUEST PROCEDURE (For Future Reference)

Under Va. Code § 2.2-3907(F), upon receipt of a written request from the complainant, OCR shall promptly issue a Notice of the Right to File a Civil Action (i) after 180 days have passed from the date the complaint was filed or (ii) upon OCR's determination that it will be unable to complete its investigation within 180 days.

The civil action must be filed in the Virginia circuit court for the city or county where the unlawful practice occurred or where the respondent resides or transacts business within ninety (90) days of the complainant's receipt of the Notice of Right to File a Civil Action. Va. Code § 2.2-3908(B). Failure to file within 90 days is a jurisdictional bar.

9. PARALLEL FILINGS AND PRIOR PROCEEDINGS

9.1. ☐ I have filed a charge with the U.S. EEOC. Charge No.: [________]. Date: [__/__/____].

9.2. ☐ I have filed a complaint with HUD. Case No.: [________]. Date: [__/__/____].

9.3. ☐ I have filed a local fair-housing or human-rights complaint with [Fairfax County / Arlington County / Alexandria / Other]. Case No.: [________]. Date: [__/__/____].

9.4. ☐ I have not filed any other administrative or judicial proceeding regarding this matter.

10. VERIFICATION

I declare under penalty of perjury under the laws of the Commonwealth of Virginia that the foregoing is true and correct to the best of my knowledge, information, and belief.

Executed on [DATE] at [CITY, VIRGINIA].

Signature: [________________________________]

Printed Name: [COMPLAINANT FULL NAME]

SUBSCRIBED AND SWORN TO before me this [___] day of [MONTH], [YEAR], by [COMPLAINANT NAME], who is personally known to me or has produced [FORM OF ID] as identification.

[________________________________]

Notary Public

My commission expires: [__/__/____]

Notary Registration No.: [________]

11. ATTACHMENTS (Optional — recommended)

• ☐ Copy of EEOC / HUD charge (if dual-filed)
• ☐ Termination letter, separation notice, or denial of accommodation
• ☐ Personnel file excerpts and performance reviews
• ☐ Written communications evidencing discrimination (emails, texts, letters)
• ☐ Pay stubs / wage statements (pay-discrimination cases)
• ☐ Lease / rental application (housing cases)
• ☐ Medical documentation (disability / pregnancy cases)
• ☐ Witness statements
• ☐ Demographic comparator data (if available)

12. VIRGINIA PRACTICE NOTES

• OCR jurisdiction. The Office of Civil Rights at the Office of the Attorney General is the state-level agency that receives, investigates, and conciliates charges under the VHRA, the Virginia Fair Housing Law, and related civil-rights statutes (Va. Code § 2.2-520).
• Filing deadline jurisdictional. 300-day deadline (employment) and 180-day deadline (housing/public accommodations) are jurisdictional. Late charges are dismissed with prejudice.
• Work-share with EEOC and HUD. Dual-filing is automatic if requested. The EEOC honors OCR charges as exhaustion of Title VII / ADA / ADEA, and vice versa.
• Local agencies. Fairfax County (Office of Human Rights and Equity Programs), Arlington County (Office of Human Rights), and the City of Alexandria (Office of Human Rights) operate local agencies with concurrent jurisdiction over certain claims; charges filed locally may be cross-filed with OCR.
• Right-to-sue mechanics. § 2.2-3907(F): written request triggers issuance of the notice (after 180 days or earlier upon OCR's determination of inability to complete investigation). § 2.2-3908(B): 90-day window to file in Virginia circuit court.
• Statute of limitations preservation. Filing the charge tolls the VHRA limitations period. It does NOT toll independent state-tort limitations (e.g., Bowman wrongful discharge, IIED, defamation) — file protective tort claims separately if applicable.
• Confidentiality. OCR investigations are generally confidential under § 2.2-3907; respondent's failure to cooperate may result in adverse inference.
• Settlement. OCR will attempt conciliation; settlements may include monetary damages, reinstatement, policy changes, and training. Conciliation agreements are enforceable.

13. SOURCES AND REFERENCES

• Va. Code § 2.2-3900 et seq. (VHRA) — https://law.lis.virginia.gov/vacodefull/title2.2/chapter39/
• Va. Code § 2.2-3907 (Charge procedures) — https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3907/
• Va. Code § 2.2-3908 (Private right of action) — 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/
• 1 VAC 45-20-87 (Notice of right to sue during investigation) — https://law.lis.virginia.gov/admincode/title1/agency45/chapter20/section87/
• Office of the Attorney General — Civil Rights — https://www.oag.state.va.us/citizen-resources/civil-rights
• EEOC — https://www.eeoc.gov/
• HUD Office of Fair Housing and Equal Opportunity — https://www.hud.gov/program_offices/fair_housing_equal_opp

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Filing deadlines under the VHRA are strict and jurisdictional. Verify the OCR's current address and intake procedures before filing. An attorney licensed in Virginia should review this charge before submission.