HB 2155

Abstract

Virginia Human Rights Act; nondiscrimination in employment; sexual harassment and workplace harassment. Makes it an unlawful discrimatory practice for an employer, labor organization, or employment agency to engage in workplace harassment, including sexual harassment, as defined in the bill. The bill also provides (i) a nonexhaustive list of factors to consider when determining whether certain conduct constitutes workplace harassment, (ii) guidelines for when a court may find an employer liable for workplace harassment, (iii) that a person claiming to be aggrieved by an unlawful discriminatory practice may file a written complaint with the Division of Human Rights within two years of the occurrence of the alleged unlawful discriminatory practice, and (iv) that an aggrieved person who has been provided a notice of his right to file a civil action for such grievance may do so within one year of receiving such notice. The bill also amends the definition of "employer" to mean a person employing five or more employees, instead of 15 or more employees under current law, for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person.

Virginia Human Rights Act; nondiscriminationin employment; sexual harassment and workplace harassment. Clarifies,by defining sexual harassment and workplace harassment, what constitutesan unlawful employment practice if engaged in by an employer. Thebill also provides (i) a nonexhaustive list of factors to considerwhen determining whether certain conduct constitutes workplace harassment; (ii) that a person claiming to be aggrieved by an unlawful discriminatory practice may file a written complaint with the Division of HumanRights within two years after the occurrence of the alleged unlawfuldiscriminatory practice; and (iii) that an aggrieved person who hasbeen provided a notice of his right to file a civil action for suchgrievance may do so within one year of receiving such notice andmay be awarded reasonable attorney fees, including costs and reasonablelitigation expenses, if the court or jury finds in his favor. Thebill also amends the definition of "employer" to mean a person employingfive or more employees, instead of 15 or more employees under currentlaw, for each working day in each of 20 or more calendar weeks inthe current or preceding calendar year, and any agent of such a person.