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2005 SESSION
056885784Be 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 sixty 60
days after such violation occurs, file a complaint with the Commissioner
alleging such discharge or discrimination. The employee shall be
prohibited from seeking further relief if he fails to file such complaint within the
60-day time period. 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.