Protected classes under the Virginia Human Rights Act
The Virginia Human Rights Act prohibits employment discrimination because of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age (40 years or older), marital status, sexual orientation, gender identity, disability, or military status. The statute defines "because of race" to include traits historically associated with race, including hair texture, hair type, and protective hairstyles such as braids, locks, and twists.
Source: Va. Code § 2.2-3900 and Va. Code § 2.2-3901
Employer coverage thresholds under the Virginia Human Rights Act
The Virginia Human Rights Act's coverage thresholds vary by claim type. For general employment discrimination claims (hiring, promotion, compensation, or other adverse employment actions), the Act applies to employers with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year. For discriminatory discharge claims specifically, coverage extends to employers with more than five employees—except age-based discharge claims, which cover employers with more than five but fewer than 20 employees when the employee is age 40 or older. Pregnancy accommodation claims apply to employers with five or more employees, while disability accommodation claims apply to employers with more than five employees.
Source: Va. Code § 2.2-3905(A); Va. Code § 2.2-3905.1(A); Va. Code § 2.2-3909(A)