                                 CODE OF VIRGINIA

PROCEDURES FOR A CHARGE OF UNLAWFUL DISCRIMINATION; NOTICE; INVESTIGATION;
REPORT; CONCILIATION; NOTICE OF THE RIGHT TO FILE A CIVIL ACTION; TEMPORARY
RELIEF (§ 2.2-3907)

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

HISTORY: 2020, c. 1140; 2021, Sp. Sess. I, c. 196; 2024, cc. 784, 819.