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2020 SESSION

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HB 1418 Virginia Human Rights Act; discrimination on the basis of sex, sexual harassment.

Introduced by: Vivian E. Watts | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Virginia Human Rights Act; workplace harassment; civil actions by private parties. Creates a cause of action against any employer employing more than five employees who discharges or engages in an unlawful discriminatory act against any employee on the basis of race; color; religion; national origin; sex; sexual orientation; gender identity; pregnancy; childbirth or related medical conditions, including lactation; marital status; status as a veteran; or age, if the employee if 40 years of age or older. The bill permits a court, in cases where the employee prevails, to award compensatory or punitive damages and reasonable attorney fees and costs. The bill provides rules for determining whether conduct constitutes workplace harassment, defined in the bill, and lays out a number of factors to consider in determining whether conduct constitutes workplace harassment.

SUMMARY AS INTRODUCED:

Virginia Human Rights Act; discrimination on the basis of sex; sexual harassment. Creates a cause of action against any employer employing more than five but fewer than 15 persons who engages in an unlawful discriminatory act against any employee on the basis of sex. Under current law, an employee who has been discriminated against on the basis of sex may only file an action against his employer if the employee is discharged by the employer on the basis of sex. The bill permits a court, in cases where the employee prevails, to award compensatory or punitive damages and attorney fees not to exceed 25 percent of the amount awarded. The bill also clarifies that for purposes of the cause of action, discrimination on the basis of sex includes harassment on the basis of sex. The bill defines the types of conduct that amount to harassment on the basis of sex. The bill contains technical amendments.