{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3907.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3907.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3907.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3907.html"}],"law_id":65737,"edition_id":1,"section_id":65737,"structure_id":14485,"section_number":"2.2-3907","catch_line":"Procedures for a charge of unlawful discrimination; notice; investigation; report; conciliation; notice of the right to file a civil action; temporary relief","history":"2020, c. 1140; 2021, Sp. Sess. I, c. 196; 2024, cc. 784, 819.","full_text":"A\n\nAny person claiming to be aggrieved by an unlawful discriminatory practice may file a complaint in writing under oath or affirmation with the Office of Civil Rights of the Department of Law (the Office). Unless otherwise stated in this chapter, a complaint alleging a violation of this chapter or federal statutes governing discrimination in employment that also falls under the jurisdiction of this chapter shall be filed with the Office no later than 300 days from the day upon which the alleged discriminatory practice occurred. The Office itself may in a like manner initiate such a complaint. The complaint shall be in such detail as to substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged unlawful discrimination.B\n\nUpon perfection of a complaint filed pursuant to subsection A, the Office shall timely serve a charge on the respondent and provide all parties with a notice informing the parties of the complainant&#8217;s rights, including the right to commence a civil action, and the dates within which the complainant may exercise such rights. In the notice, the Office shall notify the complainant that the charge of unlawful discrimination will be dismissed with prejudice and with no right to further proceed if a written complaint is not timely filed with the appropriate general district or circuit court.C\n\nThe complainant and respondent may agree to voluntarily submit the charge to mediation without waiving any rights that are otherwise available to either party pursuant to this chapter and without incurring any obligation to accept the result of the mediation process. Nothing occurring in mediation shall be disclosed by the Office or admissible in evidence in any subsequent proceeding unless the complainant and the respondent agree in writing that such disclosure be made.D\n\nOnce a charge has been issued, the Office shall conduct an investigation sufficient to determine whether there is reasonable cause to believe the alleged discrimination occurred. Such charge shall be the subject of a report made by the Office. The report shall be a confidential document subject to review by the Attorney General, authorized Office employees, and the parties. The review shall state whether there is reasonable cause to believe the alleged unlawful discrimination has been committed.E\n\nIf the report on a charge of discrimination concludes that there is no reasonable cause to believe the alleged unlawful discrimination has been committed, the charge shall be dismissed and the complainant shall be given notice of his right to commence a civil action.F\n\nIf the report on a charge of discrimination concludes that there is reasonable cause to believe the alleged unlawful discrimination has been committed, the complainant and respondent shall be notified of such determination and the Office shall immediately endeavor to eliminate any alleged unlawful discriminatory practice by informal methods such as conference, conciliation, and persuasion. When the Office determines that further endeavor to settle a complaint by conference, conciliation, and persuasion is unworkable and should be bypassed, the Office shall issue a notice that the case has been closed and the complainant shall be given notice of his right to commence a civil action.G\n\nAt any time after a notice of charge of discrimination is issued, the Office or complainant may petition the appropriate court for temporary relief, pending final determination of the proceedings under this section, including an order or judgment restraining the respondent from doing or causing any act that would render ineffectual an order that a court may enter with respect to the complainant. Whether it is brought by the Office or by the complainant, the petition shall contain a certification by the Office that the particular matter presents exceptional circumstances in which irreparable injury will result from unlawful discrimination in the absence of temporary relief.H\n\nUpon receipt of a written request from the complainant, the Office shall promptly issue a notice of the right to file a civil action to the complainant after (i) 180 days have passed from the date the complaint was filed or (ii) the Office determines that it will be unable to complete its investigation within 180 days from the date the complaint was filed. If the Office fails to issue such a notice pursuant to the provisions of this subsection, the complainant may commence a timely civil action as provided in &#xA7; 2.2-3908.I\n\nFor any complaint or charge of discrimination for which the complainant has received a Notice of Right to Sue from the E.E.O.C., the general district or circuit court having jurisdiction shall accept the E.E.O.C. Notice of Right to Sue as a notice of the right to file a civil action under subsection H.","order_by":null,"text":{"0":{"id":238929,"text":"Any person claiming to be aggrieved by an unlawful discriminatory practice may file a complaint in writing under oath or affirmation with the Office of Civil Rights of the Department of Law (the Office). Unless otherwise stated in this chapter, a complaint alleging a violation of this chapter or federal statutes governing discrimination in employment that also falls under the jurisdiction of this chapter shall be filed with the Office no later than 300 days from the day upon which the alleged discriminatory practice occurred. The Office itself may in a like manner initiate such a complaint. The complaint shall be in such detail as to substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged unlawful discrimination.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238930,"text":"Upon perfection of a complaint filed pursuant to subsection A, the Office shall timely serve a charge on the respondent and provide all parties with a notice informing the parties of the complainant&#8217;s rights, including the right to commence a civil action, and the dates within which the complainant may exercise such rights. In the notice, the Office shall notify the complainant that the charge of unlawful discrimination will be dismissed with prejudice and with no right to further proceed if a written complaint is not timely filed with the appropriate general district or circuit court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":238931,"text":"The complainant and respondent may agree to voluntarily submit the charge to mediation without waiving any rights that are otherwise available to either party pursuant to this chapter and without incurring any obligation to accept the result of the mediation process. Nothing occurring in mediation shall be disclosed by the Office or admissible in evidence in any subsequent proceeding unless the complainant and the respondent agree in writing that such disclosure be made.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":238932,"text":"Once a charge has been issued, the Office shall conduct an investigation sufficient to determine whether there is reasonable cause to believe the alleged discrimination occurred. Such charge shall be the subject of a report made by the Office. The report shall be a confidential document subject to review by the Attorney General, authorized Office employees, and the parties. The review shall state whether there is reasonable cause to believe the alleged unlawful discrimination has been committed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":238933,"text":"If the report on a charge of discrimination concludes that there is no reasonable cause to believe the alleged unlawful discrimination has been committed, the charge shall be dismissed and the complainant shall be given notice of his right to commence a civil action.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":238934,"text":"If the report on a charge of discrimination concludes that there is reasonable cause to believe the alleged unlawful discrimination has been committed, the complainant and respondent shall be notified of such determination and the Office shall immediately endeavor to eliminate any alleged unlawful discriminatory practice by informal methods such as conference, conciliation, and persuasion. When the Office determines that further endeavor to settle a complaint by conference, conciliation, and persuasion is unworkable and should be bypassed, the Office shall issue a notice that the case has been closed and the complainant shall be given notice of his right to commence a civil action.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":238935,"text":"At any time after a notice of charge of discrimination is issued, the Office or complainant may petition the appropriate court for temporary relief, pending final determination of the proceedings under this section, including an order or judgment restraining the respondent from doing or causing any act that would render ineffectual an order that a court may enter with respect to the complainant. Whether it is brought by the Office or by the complainant, the petition shall contain a certification by the Office that the particular matter presents exceptional circumstances in which irreparable injury will result from unlawful discrimination in the absence of temporary relief.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":238936,"text":"Upon receipt of a written request from the complainant, the Office shall promptly issue a notice of the right to file a civil action to the complainant after (i) 180 days have passed from the date the complaint was filed or (ii) the Office determines that it will be unable to complete its investigation within 180 days from the date the complaint was filed. If the Office fails to issue such a notice pursuant to the provisions of this subsection, the complainant may commence a timely civil action as provided in &#xA7; 2.2-3908.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":238937,"text":"For any complaint or charge of discrimination for which the complainant has received a Notice of Right to Sue from the E.E.O.C., the general district or circuit court having jurisdiction shall accept the E.E.O.C. Notice of Right to Sue as a notice of the right to file a civil action under subsection H.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":14485,"edition_id":1,"name":"Virginia Human Rights Act","identifier":"39","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:48:18","date_modified":"2026-06-26 03:48:18","permalink":{"id":176671,"object_type":"structure","relational_id":14485,"identifier":"39","token":"2.2\/II\/B\/39","url":"\/2.2\/II\/B\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68757,"structure_id":14485,"section_number":"2.2-3900","catch_line":"Short title; declaration of policy","url":"\/2.2-3900\/","token":"2.2\/II\/B\/39\/2.2-3900","metadata":false},{"id":86168,"structure_id":14485,"section_number":"2.2-3901","catch_line":"Definitions","url":"\/2.2-3901\/","token":"2.2\/II\/B\/39\/2.2-3901","metadata":false},{"id":57422,"structure_id":14485,"section_number":"2.2-3902","catch_line":"Construction of chapter; other programs to aid persons with disabilities, minors, and the elderly","url":"\/2.2-3902\/","token":"2.2\/II\/B\/39\/2.2-3902","metadata":false},{"id":69120,"structure_id":14485,"section_number":"2.2-3903","catch_line":"Repealed","url":"\/2.2-3903\/","token":"2.2\/II\/B\/39\/2.2-3903","metadata":false},{"id":83248,"structure_id":14485,"section_number":"2.2-3904","catch_line":"Nondiscrimination in places of public accommodation; definitions","url":"\/2.2-3904\/","token":"2.2\/II\/B\/39\/2.2-3904","metadata":false},{"id":67660,"structure_id":14485,"section_number":"2.2-3905","catch_line":"Nondiscrimination in employment; definitions; exceptions","url":"\/2.2-3905\/","token":"2.2\/II\/B\/39\/2.2-3905","metadata":false},{"id":59581,"structure_id":14485,"section_number":"2.2-3905.1","catch_line":"Reasonable accommodations for persons with disabilities; unlawful discriminatory practice; notice of rights","url":"\/2.2-3905.1\/","token":"2.2\/II\/B\/39\/2.2-3905.1","metadata":false},{"id":84496,"structure_id":14485,"section_number":"2.2-3906","catch_line":"Civil action by Attorney General","url":"\/2.2-3906\/","token":"2.2\/II\/B\/39\/2.2-3906","metadata":false},{"id":65737,"structure_id":14485,"section_number":"2.2-3907","catch_line":"Procedures for a charge of unlawful discrimination; notice; investigation; report; conciliation; notice of the right to file a civil action; temporary relief","url":"\/2.2-3907\/","token":"2.2\/II\/B\/39\/2.2-3907","metadata":false},{"id":55883,"structure_id":14485,"section_number":"2.2-3908","catch_line":"Civil actions by private parties","url":"\/2.2-3908\/","token":"2.2\/II\/B\/39\/2.2-3908","metadata":false},{"id":66874,"structure_id":14485,"section_number":"2.2-3909","catch_line":"Causes of action for failure to provide reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions","url":"\/2.2-3909\/","token":"2.2\/II\/B\/39\/2.2-3909","metadata":false}],"previous_section":{"id":84496,"structure_id":14485,"section_number":"2.2-3906","catch_line":"Civil action by Attorney General","url":"\/2.2-3906\/","token":"2.2\/II\/B\/39\/2.2-3906","metadata":false},"next_section":{"id":55883,"structure_id":14485,"section_number":"2.2-3908","catch_line":"Civil actions by private parties","url":"\/2.2-3908\/","token":"2.2\/II\/B\/39\/2.2-3908","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3907\/","history_text":"<p>This law was first created in 2020. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1140\">1140<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0784\">784<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0819\">819<\/a>.<\/p>","references":[{"id":55883,"section_number":"2.2-3908","catch_line":"Civil actions by private parties","order_by":null,"url":"\/2.2-3908\/"}],"refers_to":false,"permalink":{"id":176705,"object_type":"law","relational_id":65737,"identifier":"2.2-3907","token":"2.2\/II\/B\/39\/2.2-3907","url":"\/2.2-3907\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3907\/","token":"2.2\/II\/B\/39\/2.2-3907","dublin_core":{"Title":"Procedures for a charge of unlawful discrimination; notice; investigation; report; conciliation; notice of the right to file a civil action; temporary relief","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3907","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any person claiming to be aggrieved by an unlawful discriminatory practice may file a complaint in writing under <span class=\"dictionary\">oath<\/span> or affirmation with the Office of Civil Rights of the Department of <span class=\"dictionary\">Law<\/span> (the Office). Unless otherwise stated in this chapter, a complaint alleging a violation of this chapter or federal <span class=\"dictionary\">statutes<\/span> governing discrimination in employment that also falls under the <span class=\"dictionary\">jurisdiction<\/span> of this chapter shall be filed with the Office no later than 300 days from the day upon which the alleged discriminatory practice occurred. The Office itself may in a like manner initiate such a complaint. The complaint shall be in such detail as to substantially apprise any <span class=\"dictionary\">party<\/span> properly concerned as to the time, place, and <span class=\"dictionary\">facts<\/span> surrounding the alleged unlawful discrimination. <a id=\"paragraph-238929\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3907\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Upon perfection of a complaint filed pursuant to subsection A, the Office shall timely serve a charge on the respondent and provide all parties with a notice informing the parties of the complainant&#8217;s rights, including the right to commence a <span class=\"dictionary\">civil action<\/span>, and the dates within which the complainant may exercise such rights. In the notice, the Office shall notify the complainant that the charge of unlawful discrimination will be dismissed with prejudice and with no right to further proceed if a written complaint is not timely filed with the appropriate general district or <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>. <a id=\"paragraph-238930\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3907\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The complainant and respondent may agree to voluntarily submit the charge to mediation without waiving any rights that are otherwise available to either <span class=\"dictionary\">party<\/span> pursuant to this chapter and without incurring any obligation to accept the result of the mediation process. Nothing occurring in mediation shall be disclosed by the Office or <span class=\"dictionary\">admissible<\/span> in <span class=\"dictionary\">evidence<\/span> in any subsequent proceeding unless the complainant and the respondent agree in writing that such disclosure be made. <a id=\"paragraph-238931\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3907\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Once a charge has been issued, the Office shall conduct an investigation sufficient to determine whether there is reasonable cause to believe the alleged discrimination occurred. Such charge shall be the subject of a report made by the Office. The report shall be a confidential document subject to review by the <span class=\"dictionary\">Attorney General<\/span>, authorized Office employees, and the parties. The review shall state whether there is reasonable cause to believe the alleged unlawful discrimination has been committed. <a id=\"paragraph-238932\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3907\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> If the report on a charge of discrimination concludes that there is no reasonable cause to believe the alleged unlawful discrimination has been committed, the charge shall be dismissed and the complainant shall be given notice of his right to commence a <span class=\"dictionary\">civil action<\/span>. <a id=\"paragraph-238933\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3907\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> If the report on a charge of discrimination concludes that there is reasonable cause to believe the alleged unlawful discrimination has been committed, the complainant and respondent shall be notified of such determination and the Office shall immediately endeavor to eliminate any alleged unlawful discriminatory practice by informal methods such as conference, conciliation, and persuasion. When the Office determines that further endeavor to settle a complaint by conference, conciliation, and persuasion is unworkable and should be bypassed, the Office shall <span class=\"dictionary\">issue<\/span> a notice that the case has been closed and the complainant shall be given notice of his right to commence a <span class=\"dictionary\">civil action<\/span>. <a id=\"paragraph-238934\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3907\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> At any time after a notice of charge of discrimination is issued, the Office or complainant may <span class=\"dictionary\">petition<\/span> the appropriate <span class=\"dictionary\">court<\/span> for temporary relief, pending final determination of the proceedings under this section, including an <span class=\"dictionary\">order<\/span> or <span class=\"dictionary\">judgment<\/span> restraining the respondent from doing or causing any act that would render ineffectual an <span class=\"dictionary\">order<\/span> that a <span class=\"dictionary\">court<\/span> may enter with respect to the complainant. Whether it is brought by the Office or by the complainant, the <span class=\"dictionary\">petition<\/span> shall contain a certification by the Office that the particular matter presents exceptional circumstances in which irreparable injury will result from unlawful discrimination in the absence of temporary relief. <a id=\"paragraph-238935\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3907\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Upon receipt of a written request from the complainant, the Office shall promptly <span class=\"dictionary\">issue<\/span> a notice of the right to file a <span class=\"dictionary\">civil action<\/span> to the complainant after (i) 180 days have passed from the date the complaint was filed or (ii) the Office determines that it will be unable to complete its investigation within 180 days from the date the complaint was filed. If the Office fails to <span class=\"dictionary\">issue<\/span> such a notice pursuant to the provisions of this subsection, the complainant may commence a timely <span class=\"dictionary\">civil action<\/span> as provided in &#xA7; <a class=\"law\" title=\"Civil actions by private parties\" href=\"\/2.2-3908\/\">2.2-3908<\/a>. <a id=\"paragraph-238936\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3907\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> For any complaint or charge of discrimination for which the complainant has received a Notice of Right to Sue from the E.E.O.C., the general district or <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> having <span class=\"dictionary\">jurisdiction<\/span> shall accept the E.E.O.C. Notice of Right to Sue as a notice of the right to file a <span class=\"dictionary\">civil action<\/span> under subsection H. <a id=\"paragraph-238937\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3907\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROCEDURES FOR A CHARGE OF UNLAWFUL DISCRIMINATION; NOTICE; INVESTIGATION;\nREPORT; CONCILIATION; NOTICE OF THE RIGHT TO FILE A CIVIL ACTION; TEMPORARY\nRELIEF (\u00a7 2.2-3907)\n\nA. Any person claiming to be aggrieved by an unlawful discriminatory practice\nmay file a complaint in writing under oath or affirmation with the Office of\nCivil Rights of the Department of Law (the Office). Unless otherwise stated in\nthis chapter, a complaint alleging a violation of this chapter or federal\nstatutes governing discrimination in employment that also falls under the\njurisdiction of this chapter shall be filed with the Office no later than 300\ndays from the day upon which the alleged discriminatory practice occurred. The\nOffice itself may in a like manner initiate such a complaint. The complaint\nshall be in such detail as to substantially apprise any party properly concerned\nas to the time, place, and facts surrounding the alleged unlawful\ndiscrimination.\n\nB. Upon perfection of a complaint filed pursuant to subsection A, the Office\nshall timely serve a charge on the respondent and provide all parties with a\nnotice informing the parties of the complainant&#8217;s rights, including the\nright to commence a civil action, and the dates within which the complainant may\nexercise such rights. In the notice, the Office shall notify the complainant\nthat the charge of unlawful discrimination will be dismissed with prejudice and\nwith no right to further proceed if a written complaint is not timely filed with\nthe appropriate general district or circuit court.\n\nC. The complainant and respondent may agree to voluntarily submit the charge to\nmediation without waiving any rights that are otherwise available to either\nparty pursuant to this chapter and without incurring any obligation to accept\nthe result of the mediation process. Nothing occurring in mediation shall be\ndisclosed by the Office or admissible in evidence in any subsequent proceeding\nunless the complainant and the respondent agree in writing that such disclosure\nbe made.\n\nD. Once a charge has been issued, the Office shall conduct an investigation\nsufficient to determine whether there is reasonable cause to believe the alleged\ndiscrimination occurred. Such charge shall be the subject of a report made by\nthe Office. The report shall be a confidential document subject to review by the\nAttorney General, authorized Office employees, and the parties. The review shall\nstate whether there is reasonable cause to believe the alleged unlawful\ndiscrimination has been committed.\n\nE. If the report on a charge of discrimination concludes that there is no\nreasonable cause to believe the alleged unlawful discrimination has been\ncommitted, the charge shall be dismissed and the complainant shall be given\nnotice of his right to commence a civil action.\n\nF. If the report on a charge of discrimination concludes that there is\nreasonable cause to believe the alleged unlawful discrimination has been\ncommitted, the complainant and respondent shall be notified of such\ndetermination and the Office shall immediately endeavor to eliminate any alleged\nunlawful discriminatory practice by informal methods such as conference,\nconciliation, and persuasion. When the Office determines that further endeavor\nto settle a complaint by conference, conciliation, and persuasion is unworkable\nand should be bypassed, the Office shall issue a notice that the case has been\nclosed and the complainant shall be given notice of his right to commence a\ncivil action.\n\nG. At any time after a notice of charge of discrimination is issued, the Office\nor complainant may petition the appropriate court for temporary relief, pending\nfinal determination of the proceedings under this section, including an order or\njudgment restraining the respondent from doing or causing any act that would\nrender ineffectual an order that a court may enter with respect to the\ncomplainant. Whether it is brought by the Office or by the complainant, the\npetition shall contain a certification by the Office that the particular matter\npresents exceptional circumstances in which irreparable injury will result from\nunlawful discrimination in the absence of temporary relief.\n\nH. Upon receipt of a written request from the complainant, the Office shall\npromptly issue a notice of the right to file a civil action to the complainant\nafter (i) 180 days have passed from the date the complaint was filed or (ii) the\nOffice determines that it will be unable to complete its investigation within\n180 days from the date the complaint was filed. If the Office fails to issue\nsuch a notice pursuant to the provisions of this subsection, the complainant may\ncommence a timely civil action as provided in &#xA7; 2.2-3908.\n\nI. For any complaint or charge of discrimination for which the complainant has\nreceived a Notice of Right to Sue from the E.E.O.C., the general district or\ncircuit court having jurisdiction shall accept the E.E.O.C. Notice of Right to\nSue as a notice of the right to file a civil action under subsection H.\n\nHISTORY: 2020, c. 1140; 2021, Sp. Sess. I, c. 196; 2024, cc. 784, 819.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}