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2001 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 40.1-51.2:2 of the Code of Virginia is amended and reenacted as follows:
§ 40.1-51.2:2. Remedy for discrimination.
A. Any employee who believes that he or she has been discharged or otherwise
discriminated against by any person in violation of § 40.1-51.2:1 may, within
thirty sixty days after such violation occurs, file a complaint with the
Commissioner alleging such discharge or discrimination. Upon receipt of such
complaint, the Commissioner shall cause such investigation to be made as he
deems appropriate. If, upon such investigation, he determines that the
provisions of § 40.1-51.2:1 have been violated, he shall attempt by
conciliation to have the violation abated without economic loss to the employee. In
the event a voluntary agreement cannot be obtained, the Commissioner shall bring an
action in a circuit court having jurisdiction over the person charged with the
violation. The court shall have jurisdiction, for cause shown, to restrain
violations and order appropriate relief, including rehiring or reinstatement of
the employee to his former position with back pay plus interest at a rate not
to exceed eight percent per annum.
B. Should the Commissioner, based on the results of his investigation of the complaint, refuse to issue a charge against the person that allegedly discriminated against the employee, the employee may bring action in a circuit court having jurisdiction over the person allegedly discriminating against the employee, for appropriate relief.