HB 1418

Abstract

Virginia Human Rights Act; workplace harassment; civil actions by private parties. Creates a cause of action against any employer employing more than five employees who discharges or engages in an unlawful discriminatory act against any employee on the basis of race; color; religion; national origin; sex; sexual orientation; gender identity; pregnancy; childbirth or related medical conditions, including lactation; marital status; status as a veteran; or age, if the employee if 40 years of age or older. The bill permits a court, in cases where the employee prevails, to award compensatory or punitive damages and reasonable attorney fees and costs. The bill provides rules for determining whether conduct constitutes workplace harassment, defined in the bill, and lays out a number of factors to consider in determining whether conduct constitutes workplace harassment.

Virginia Human Rights Act; discrimination onthe basis of sex; sexual harassment. Creates a cause of actionagainst any employer employing more than five but fewer than 15 personswho engages in an unlawful discriminatory act against any employeeon the basis of sex. Under current law, an employee who has beendiscriminated against on the basis of sex may only file an actionagainst his employer if the employee is discharged by the employeron the basis of sex. The bill permits a court, in cases where the employee prevails, to award compensatory or punitive damages andattorney fees not to exceed 25 percent of the amount awarded. Thebill also clarifies that for purposes of the cause of action, discriminationon the basis of sex includes harassment on the basis of sex. The bill defines the types of conduct that amount to harassment on thebasis of sex. The bill contains technical amendments.