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2024 SESSION

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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:11, relating to employment discrimination; employee notification of federal and state statute of limitations. [H 569] Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:11 as follows:

§ 40.1-28.7:11. Employers to notify employees of federal and state statute of limitations.

A. For the purposes of this section, "employer" means any employer as defined in § 40.1-2 that employs 10 or more employees, and notwithstanding the provisions of § 40.1-2.1, "employer" includes the Commonwealth and its agencies, institutions, and political subdivisions.

B. An employer or such employer's designee shall provide a written notification of an employee's right to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission or the Office of the Attorney General within 300 days after the occurrence of an alleged unlawful discriminatory practice to an employee:

1. As part of any new employee training provided to such employee at the commencement of employment;

2. During any anti-discrimination training, including anti-harassment training, provided to such employee; and

3. Upon such employer's receipt of an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which such employee may seek enforcement by the U.S. Equal Employment Opportunity Commission or the Office of the Attorney General.