Also, if you are a woman facing discrimination on the basis of pregnancy or childbirth, you can file a lawsuit without going through the DHR first.
Public and private employees in Virginia have the right to fair pay and a safe workplace, free from any form of discrimination.
The Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin. State laws such as the Virginia Human Rights Act or the Age Discrimination in Employment Act (ADEA) go even further adding other protected characteristics such as age, disability, marital status, gender identity or sexual orientation.
If you believe your employer is discriminating against you based on any of the characteristics above, you have the right to file a complaint or seek justice in a court of law. As the procedure is quite complex and there are strict statutes of limitations you must observe, it is preferable to talk to an experienced Virginia employment lawyer before taking any action.
The same applies to other types of complaints concerning wage theft, unpaid overtime or issues with workers compensation.
How to file a discrimination complaint in Virginia?
If you are sexually harassed at work this falls under discrimination based on sex. Your first action should be filing a complaint with the HR department or talking to your employer. They are obligated to investigate your complaint and take action against your harasser. In some cases this is enough to put an end to your torment, but in many Virginia workplaces sexual harassment is pervasive and is tolerated or even encouraged by the employer. If your internal complaint is ignored, look up a good sexual harassment lawyer and file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Virginia Division of Human Rights (DHR).
What is the statute of limitations for discrimination lawsuits?
If you want to file a discrimination complaint you must do so within 300 days from the date of the last incident. Do not wait too much and contact a skilled employment lawyer in Virginia Beach as you need to build a strong case. Your lawyer will advise you on what sort of evidence to include in your complaint. Also, your lawyer will want to talk to some of your coworkers who might be willing to testify on your behalf.
When you file a complaint with the EEOC or the DHR, the agency will investigate your charges. If you don’t have enough proof, your complaint may be dismissed. On the other hand, if they find your complaint is justified they will offer to negotiate a settlement with your employer. Talk to your lawyer and see what sort of damages you may be entitled to.
If an agreement cannot be reached, either agency may decide to file a lawsuit on your behalf or they may issue a notice to sue giving you the right to take the matter to court. You have 180 days to exercise your right to sue.
Several exceptions apply to this procedure. For instance, if your lawyer recommends invoking the ADEA you do not have to wait for the notice to sue for age discrimination. You can file a lawsuit within 60 days of filing the ADEA complaint with the EEOC.
Also, if you are a woman facing discrimination on the basis of pregnancy or childbirth, you can file a lawsuit without going through the DHR first.
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