Virginia Human Rights Act; nondiscrimination in employment; sexual harassment and workplace harassment. –  SB 1360 (McClellan) (Companion bill HB 2155 (Watts)) Clarifies, by defining sexual harassment and workplace harassment, what constitutes an unlawful employment practice if engaged in by an employer. The bill also provides (i) a nonexhaustive list of factors to consider when 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 Human Rights within two years after the occurrence of the alleged unlawful discriminatory practice; and (iii) 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 and may be awarded reasonable attorney fees, including costs and reasonable litigation expenses, if the court or jury finds in his favor. 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. EV SUPPORTS

SB 1360 Status: Recommitted to Judiciary Committee 

Employment; domestic service; Human Rights Act. – SB 1310 (McClellan) Provides that individuals who are engaged in providing domestic service are not excluded from employee protection laws, laws regarding the payment of wages, and the Virginia Workers’ Compensation Act. The measure also provides that the prohibitions on nondiscrimination in employment of the Virginia Human Rights Act apply to employers that employ one or more domestic workers. EV SUPPORTS

SB 1310 Status: Signed into law by Governor (effective 7/1/21).

Virginia Human Rights Act; definition of employer; person employing one or more domestic workers. – HB 1864 (Price) Expands the definition of “employer” for all purposes of the Virginia Human Rights Act to include a person employing one or more domestic workers, as defined in the bill. EV SUPPORTS

HB 1864 Status: Signed into law by Governor (effective 7/1/21).

Virginia Human Rights Acts; discrimination on the basis of disability. – HB 1848 (Sickles) Adds discrimination on the basis of disability as an unlawful employment practice under the Virginia Human Rights Act. The bill also requires employers, defined in the bill, to make reasonable accommodation to the known physical and mental impairments of an otherwise qualified person with a disability, if necessary to assist such person in performing a particular job, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. The bill also prohibits employers from taking any adverse action against an employee who requests or uses a reasonable accommodation, from denying employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the applicant or employee, or from requiring an employee to take leave if another reasonable accommodation can be provided to the known limitations related to the disability. The bill creates a cause of action against any employer who denies any of the rights to reasonable accommodation afforded by the bill and permits the court or jury to award compensatory damages, back pay, and other equitable relief. EV SUPPORTS

HB 1848 Status: Signed into law by Governor (effective 7/1/21).

Virginia Human Rights Act; nondiscrimination in employment; sexual harassment and workplace harassment. – HB 2155 (Watts) (Companion bill: SB 1360 (McClellan)) Clarifies, by defining sexual harassment and workplace harassment, what constitutes an unlawful employment practice if engaged in by an employer. The bill also provides (i) a nonexhaustive list of factors to consider when 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 Human Rights within two years after the occurrence of the alleged unlawful discriminatory practice; and (iii) 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 and may be awarded reasonable attorney fees, including costs and reasonable litigation expenses, if the court or jury finds in his favor. 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. EV SUPPORTS. 

HB 2155 Status: House: passed (54-Y 44-N) Senate: Failed to report (defeated) in Judiciary (6-Y 7-N)