                                 CODE OF VIRGINIA

CIVIL ACTIONS BY PRIVATE PARTIES (§ 2.2-3908)

A. 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&#8217;s receipt of a notice of his right to file a civil action
pursuant to § 2.2-3907.

   2. An aggrieved person (i) who has been provided a notice of his right to file
   a civil action pursuant to &#xA7; 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. 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.

C. 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.

HISTORY: 2020, c. 1140; 2024, cc. 784, 819.