Bill Text: VA HB1200 | 2020 | Regular Session | Prefiled
Bill Title: Virginia Human Rights Act; creation of cause of action for discrimination.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-28 - Incorporated by General Laws [HB1200 Detail]
Download: Virginia-2020-HB1200-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-3903 of the Code of Virginia is amended and reenacted as follows:
§2.2-3903. Causes of action not created.
A. For purposes of this section:
"Employer" includes any employer employing one or more persons.
"Lactation" means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast.
B. Nothing
in this chapter or in Article 4 (§2.2-520 et seq.) of Chapter 5 creates, nor
shall it be construed to create, an independent or private cause of action to
enforce its provisions, except as specifically provided in subsections B C
and C D.
B. C. No employer employing more than
five but less than 15 persons shall
discharge unlawfully
discriminate against any such employee on the basis of
race, color, religion, national origin, sex, pregnancy, or
childbirth or related medical conditions, including lactation. No employer employing more than five but less than 20 persons
shall discharge unlawfully
discriminate against any such employee on the basis of
age if the employee is 40 years of age or older. For
the purposes of this section, "lactation" means a condition that may
result in the feeding of a child directly from the breast or the expressing of
milk from the breast.
C. D. The employee may bring an
action in a general district or circuit court having jurisdiction over the
employer who allegedly discharged unlawfully
discriminated against the employee in
violation of this section. Any such action shall be brought within 300 days
from the date of the discharge alleged unlawful
discrimination or, if the employee
has filed a complaint with the Division of Human Rights of the Department of
Law or a local human rights or human relations agency or commission within 300
days of the discharge alleged unlawful
discrimination, such action shall be brought within 90 days
from the date that the Division or a local human rights or human relations
agency or commission has rendered a final disposition on the complaint.
The court may award compensatory or punitive damages in an amount of up to $25,000. For actions against an employer who allegedly discharged an employee in violation of this section, the court may award up to 12 months' back pay with interest at the judgment rate as provided in §6.2-302 or up to $25,000, whichever amount is greater. However, if the court finds that either party engaged in tactics to delay resolution of the complaint, it may (i) diminish the award or (ii) award back pay to the date of judgment without regard to the 12-month limitation. The court shall not order reinstatement of the employee.
In any case where the employee prevails, the court shall award
attorney fees from the amount
recovered, not to exceed 25 percent of the back pay awarded.
The court shall not award other damages, compensatory or punitive, nor shall it
order reinstatement of the employee to
such employee.
D. E. Causes of action based upon
the public policies reflected in this chapter shall be exclusively limited to
those actions, procedures, and remedies, if any, afforded by applicable federal
or state civil rights statutes or local ordinances. Nothing in this section or
§2.2-3900 shall be deemed to alter, supersede, or otherwise modify the
authority of the Division or of any local human rights or human relations
commissions established pursuant to §15.2-853 or 15.2-965.
2. That the provisions of this act creating a cause of action against an employer who unlawfully discriminates against an employee shall apply only to unlawful discriminatory practices that occur or are alleged to have occurred on or after July 1, 2020.
