{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3908.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3908.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3908.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3908.html"}],"law_id":55883,"edition_id":1,"section_id":55883,"structure_id":14485,"section_number":"2.2-3908","catch_line":"Civil actions by private parties","history":"2020, c. 1140; 2024, cc. 784, 819.","full_text":"A\n\n1. An aggrieved person may commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against such person in violation of this chapter. Any such civil action may only be filed, if at all, within 90 days of the complainant’s receipt of a notice of his right to file a civil action pursuant to \u00a7 2.2-3907.2\n\nAn aggrieved person (i) who has been provided a notice of his right to file a civil action pursuant to § 2.2-3907 by the Office or the Equal Employment Opportunity Commission or (ii) if 180 days have passed since a complaint was filed in the Office and the aggrieved person has not been provided a notice of his right to file a civil action may commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against such person in violation of this chapter. Any person may file an action that is not dual-filed after 180 days have passed since the complaint was filed with the Office of Civil Rights of the Department of Law.B\n\nIf the court or jury finds that unlawful discrimination has occurred, the court or jury may award to the plaintiff, as the prevailing party, compensatory and punitive damages and the court may award reasonable attorney fees and costs and may grant as relief any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice, or order such affirmative action as may be appropriate.C\n\nUpon timely application, the Attorney General may intervene in such civil action if the Attorney General certifies that the case is of general public importance. Upon intervention, the Attorney General may obtain such relief as would be available to a private party under subsection B.","order_by":null,"text":{"0":{"id":204699,"text":"1. An aggrieved person may commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against such person in violation of this chapter. Any such civil action may only be filed, if at all, within 90 days of the complainant’s receipt of a notice of his right to file a civil action pursuant to \u00a7 2.2-3907.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":204700,"text":"An aggrieved person (i) who has been provided a notice of his right to file a civil action pursuant to § 2.2-3907 by the Office or the Equal Employment Opportunity Commission or (ii) if 180 days have passed since a complaint was filed in the Office and the aggrieved person has not been provided a notice of his right to file a civil action may commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against such person in violation of this chapter. Any person may file an action that is not dual-filed after 180 days have passed since the complaint was filed with the Office of Civil Rights of the Department of Law.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":204701,"text":"If the court or jury finds that unlawful discrimination has occurred, the court or jury may award to the plaintiff, as the prevailing party, compensatory and punitive damages and the court may award reasonable attorney fees and costs and may grant as relief any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice, or order such affirmative action as may be appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"3":{"id":204702,"text":"Upon timely application, the Attorney General may intervene in such civil action if the Attorney General certifies that the case is of general public importance. Upon intervention, the Attorney General may obtain such relief as would be available to a private party under subsection B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3908\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 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 784<\/a> and 819<\/a>.<\/p>","references":[{"id":84496,"section_number":"2.2-3906","catch_line":"Civil action by Attorney General","order_by":null,"url":"\/2.2-3906\/"}],"refers_to":[{"id":65737,"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","order_by":null,"url":"\/2.2-3907\/"}],"permalink":{"id":176709,"object_type":"law","relational_id":55883,"identifier":"2.2-3908","token":"2.2\/II\/B\/39\/2.2-3908","url":"\/2.2-3908\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3908\/","token":"2.2\/II\/B\/39\/2.2-3908","dublin_core":{"Title":"Civil actions by private parties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3908","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. An aggrieved person may commence a timely civil action<\/span> in an appropriate general district or circuit<\/span> court<\/span> having jurisdiction<\/span> over the person who allegedly unlawfully discriminated against such person in violation of this chapter. Any such civil action<\/span> may only be filed, if at all, within 90 days of the complainant’s receipt of a notice of his right to file a civil action<\/span> pursuant to \u00a7 2.2-3907<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An aggrieved person (i) who has been provided a notice of his right to file a civil action<\/span> pursuant to § 2.2-3907<\/a> by the Office or the Equal Employment Opportunity Commission or (ii) if 180 days have passed since a complaint was filed in the Office and the aggrieved person has not been provided a notice of his right to file a civil action<\/span> may commence a timely civil action<\/span> in an appropriate general district or circuit<\/span> court<\/span> having jurisdiction<\/span> over the person who allegedly unlawfully discriminated against such person in violation of this chapter. Any person may file an action that is not dual-filed after 180 days have passed since the complaint was filed with the Office of Civil Rights of the Department of Law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court<\/span> or jury<\/span> finds that unlawful discrimination has occurred, the court<\/span> or jury<\/span> may award to the plaintiff<\/span>, as the prevailing party<\/span>, compensatory and punitive damages<\/span> and the court<\/span> may award reasonable attorney fees and costs and may grant as relief any permanent or temporary injunction<\/span>, temporary restraining order<\/span>, or other order, including an order enjoining the defendant<\/span> from engaging in such practice, or order such affirmative action as may be appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon timely application, the Attorney General<\/span> may intervene in such civil action<\/span> if the Attorney General<\/span> certifies that the case is of general public importance. Upon intervention, the Attorney General<\/span> may obtain such relief as would be available to a private party<\/span> under subsection B. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL ACTIONS BY PRIVATE PARTIES (\u00a7 2.2-3908)\n\nA. 1. An aggrieved person may commence a timely civil action in an appropriate\ngeneral district or circuit court having jurisdiction over the person who\nallegedly unlawfully discriminated against such person in violation of this\nchapter. Any such civil action may only be filed, if at all, within 90 days of\nthe complainant’s receipt of a notice of his right to file a civil action\npursuant to \u00a7 2.2-3907.\n\n 2. An aggrieved person (i) who has been provided a notice of his right to file\n a civil action pursuant to § 2.2-3907 by the Office or the Equal\n Employment Opportunity Commission or (ii) if 180 days have passed since a\n complaint was filed in the Office and the aggrieved person has not been\n provided a notice of his right to file a civil action may commence a timely\n civil action in an appropriate general district or circuit court having\n jurisdiction over the person who allegedly unlawfully discriminated against\n such person in violation of this chapter. Any person may file an action that\n is not dual-filed after 180 days have passed since the complaint was filed\n with the Office of Civil Rights of the Department of Law.\n\nB. If the court or jury finds that unlawful discrimination has occurred, the\ncourt or jury may award to the plaintiff, as the prevailing party, compensatory\nand punitive damages and the court may award reasonable attorney fees and costs\nand may grant as relief any permanent or temporary injunction, temporary\nrestraining order, or other order, including an order enjoining the defendant\nfrom engaging in such practice, or order such affirmative action as may be\nappropriate.\n\nC. Upon timely application, the Attorney General may intervene in such civil\naction if the Attorney General certifies that the case is of general public\nimportance. Upon intervention, the Attorney General may obtain such relief as\nwould be available to a private party under subsection B.\n\nHISTORY: 2020, c. 1140; 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}}