Virginia Return to Office Mandate 2026
⚠️Informational only — not legal or tax advice.
Last Updated: December 2025
Applicable Period: 2026 and current employment regulations
Key Characteristic: State employee mandates and private sector at-will employment framework in Virginia
Table of Contents
Introduction
Virginia’s return to office situation involves two distinct frameworks: state employee mandates issued by Governor Glenn Youngkin and federal employee requirements affecting Virginia’s substantial federal workforce, alongside private sector employment governed by at-will doctrine. Governor Youngkin issued directives in May 2022 requiring Virginia state employees to return to in-person work by July 5, 2022, with subsequent modifications allowing limited telework under specific approval processes. More recently, President Trump’s January 20, 2025 Presidential Memorandum requires federal employees to return to in-person work, significantly affecting Virginia’s approximately 133,000 federal workers.
This guide compiles official information published by the Virginia Department of Labor and Industry, Office of Civil Rights at the Office of the Attorney General, and other government agencies regarding return to office mandates, employee rights under the Virginia Human Rights Act, and reasonable accommodation processes.
Sources: Virginia Department of Labor and Industry, Office of the Attorney General – Office of Civil Rights, U.S. Equal Employment Opportunity Commission Richmond Local Office
Applicable Legal Framework - Virginia
1.1 At-Will Employment Doctrine
Virginia follows the at-will employment doctrine as the default rule for private sector employment relationships. According to established Virginia Supreme Court precedent:
“Virginia adheres to the common-law rule that when the intended duration of a contract for the rendition of services cannot be determined by fair inference from the terms of the contract, then either party is ordinarily at liberty to terminate the contract at will, upon giving the other party reasonable notice.”
Source: Virginia Supreme Court jurisprudence, including Johnston v. William E. Wood & Associates, Inc., 787 S.E.2d 103, 105 (Va. 2016)
As of June 2, 2016, the Virginia Supreme Court clarified that no advance notice of termination or quitting is required under the at-will doctrine. Either party may terminate the employment relationship at any time, for any reason or no reason, without advance notice.
Source: Johnston v. William E. Wood & Associates, Inc., Virginia Supreme Court Decision, June 2, 2016 Available at: Virginia Supreme Court published opinions at law.lis.virginia.gov
According to the Virginia Department of Labor and Industry:
“Virginia is an employment-at-will state; this means the employer may terminate any employee at any time, for any reason, or for no reason.”
Source: Virginia Department of Labor and Industry – Virginia Labor Laws Published by: Virginia Department of Labor and Industry Available at: https://doli.virginia.gov/programs/labor-law/virginia-labor-laws/ Last verified: September 2025
1.2 State-Specific RTO Mandates
State Employee Mandate – 2022
Document: Governor’s Office Telework Policy Update Issued by: Governor Glenn Youngkin Announced: May 6, 2022 Effective Date: July 5, 2022
Key Provisions:
According to Governor Youngkin’s May 2022 announcement:
“After listening to the needs of Virginians, discussing solutions with agency heads across government, and closely monitoring the pandemic, we are excited to welcome our employees in person this summer.”
Source: Governor’s Office Statement, May 6, 2022
The policy required:
- All Virginia state employees to return to in-person work by July 5, 2022
- Telework available only through approved agreements with specific limitations:
- One day per week telework: Agency head approval required
- Two days per week telework: Cabinet secretary approval required
- More than two days per week: Chief of Staff approval required
Source: WSLS News reporting on Governor’s telework policy Date: May 6, 2022 Available at: https://www.wsls.com/news/local/2022/05/06/gov-youngkin-ordering-state-employees-to-return-to-their-offices/
Governor Youngkin stated:
“Since day one, my commitment to have a best-in-class government serving all Virginians has been clear, these updates balance the demands of government services with the needs of our public servants.”
Source: Governor’s Office Official Statement, May 2022
Federal Employee Mandate – 2025
Document: Presidential Memorandum on Return to In-Person Work Issued by: President Donald Trump Date: January 20, 2025 Coverage: Federal employees nationwide, including Virginia
The Presidential Memorandum states:
“Heads of all departments and agencies in the executive branch of Government shall, as soon as practicable, take all necessary steps to terminate remote work arrangements and require employees to return to work in-person at their respective duty stations on a full-time basis, provided that the department and agency heads shall make exemptions they deem necessary.”
Source: Presidential Memorandum, January 20, 2025 Available at: White House official documents
Impact on Virginia:
Virginia hosts approximately 133,000 federal employees according to the Partnership for Public Service, representing a significant portion of the Washington D.C. metro area federal workforce.
Source: Partnership for Public Service data Reported by: Inside Nova, January 23, 2025 Available at: https://www.insidenova.com/news/state/end-of-federal-remote-work-welcomed-by-virginia-d-c-leaders/
Veterans Affairs Department Implementation
The Department of Veterans Affairs, which employs substantial numbers in Virginia, issued specific return-to-office guidance:
Document: Revisions to VA Handbook 5011, Telework and Remote Work Arrangements Date: January 24, 2025
According to the VA memo:
“Pursuant to President Trump’s Presidential Memorandum (PM) dated January 20, 2025, Return to In-Person Work, the Department of Veterans Affairs (VA) is revising the Agency’s telework policy issued under 5 U.S.C. § 6502(a)(1)(A) to state that telework eligible employees must work full time at their respective duty stations (agency worksites) unless excused due to a disability, qualifying medical condition, or other compelling reason certified by the agency head and the employee’s supervisor.”
Source: VA Office of Acting Secretary Memorandum Date: January 24, 2025 Available at: https://department.va.gov/revisions-to-va-handbook-5011-telework-and-remote-work-arrangements/
VA Implementation Timeline:
- By February 24, 2025: Remote work and telework arrangements for supervisors with duty stations within 50 miles of an agency facility terminated (except ad hoc/situational telework)
- By April 28, 2025: Remote work and telework arrangements for non-bargaining unit employees within 50 miles of an agency facility terminated
- Bargaining unit employees: Return to in-person work requirements to be announced separately
Source: VA Announcement, February 3, 2025 Available at: https://news.va.gov/press-room/va-announces-return-to-in-person-work-policy/
Acting VA Secretary Todd Hunter stated:
“This is a commonsense step toward treating all VA employees equally. Most VA clinical staff don’t have the luxury of working remotely, and we believe the performance, collaboration and productivity of the department will improve if all VA employees are held to the same standard.”
Source: VA News Release, February 3, 2025
Exceptions allowed:
- Reasonable accommodation due to disability or qualifying medical condition
- Military spouses with permanent change of station orders
- Exemptions approved by VA Secretary or designee with strong business case
Source: VA Handbook 5011 Revisions, January 2025
1.3 Private Sector Employer Policies
No State-Specific RTO Mandate for Private Employers
As of December 23, 2025, the Virginia General Assembly has not enacted specific statutes or executive orders governing return to office mandates for private sector employers.
Search conducted: Virginia Legislative Information System (lis.virginia.gov) Date: December 2025 Available at: https://lis.virginia.gov
Private sector employers in Virginia operate under the at-will employment framework subject to:
- At-will employment doctrine (termination without cause or notice generally permitted)
- Virginia Human Rights Act anti-discrimination protections
- Americans with Disabilities Act reasonable accommodation requirements
- Employment contract obligations where applicable
- Collective bargaining agreements for unionized workplaces
Competent Government Agencies
2.1 Virginia Department of Labor and Industry (DOLI)
The Virginia Department of Labor and Industry administers and enforces state employment laws and workplace safety regulations.
Official Website: https://doli.virginia.gov
Main Address: Virginia Department of Labor and Industry Main Street Centre 600 East Main Street, Suite 207 Richmond, VA 23219
Telephone: (804) 371-2327
TTY/TDD: (703) 392-0165 (for hearing impaired) Virginia Relay Center: 711 (to reach any DOLI office)
Office Hours:
- Monday – Friday: 8:15 AM – 5:00 PM
- Saturday – Sunday: Closed
Function: DOLI administers programs for Virginia Occupational Safety and Health (VOSH), Division of Boiler and Pressure Vessel Safety, and Division of Labor and Employment Law. The agency enforces state laws governing payment of wages, minimum wage, child labor, right to work, and other workplace provisions.
Publications on RTO: DOLI has not published specific guidance on return to office mandates for private employers. The agency provides general information on employment at-will doctrine and anti-discrimination protections under Virginia law.
Source: Virginia Department of Labor and Industry website Available at: https://doli.virginia.gov
2.2 Office of Civil Rights, Office of the Attorney General
The Office of Civil Rights (formerly Division of Human Rights) investigates complaints alleging unlawful discrimination under the Virginia Human Rights Act.
Official Name: Office of Civil Rights, Office of the Attorney General of Virginia
Main Address: Office of Civil Rights Office of the Attorney General of Virginia 202 North Ninth Street Richmond, VA 23219
Telephone: (804) 225-2292
Email: civilrights@oag.state.va.us
Website: https://www.oag.state.va.us/citizen-resources/civil-rights
Function: The Office of Civil Rights receives and investigates complaints alleging unlawful discrimination in employment, places of public accommodation, and educational institutions in violation of the Virginia Human Rights Act or corresponding federal laws. The office provides mediation services throughout the complaint process and determines whether reasonable cause exists to believe discrimination occurred.
Complaint Filing: Individuals who believe they have been discriminated against on the basis of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, disability, or military status may file complaints with this office.
Filing Deadline: 300 days from the date of alleged discrimination (as of July 1, 2024, for dual-filed complaints)
Source: Office of the Attorney General – Civil Rights Division Available at: https://www.oag.state.va.us/citizen-resources/civil-rights
Note: The Office of Civil Rights was established as an expansion of the Division of Human Rights and features enhanced staffing to handle civil rights protections for Virginians.
Source: Virginia Attorney General’s Office announcement Date: January 2021
2.3 U.S. Equal Employment Opportunity Commission (EEOC) – Virginia Offices
Richmond Local Office
The EEOC Richmond Local Office serves most of Virginia and portions of North Carolina and South Carolina.
Address: U.S. Equal Employment Opportunity Commission Richmond Local Office Federal Building 400 North 8th Street, Suite 350 Richmond, VA 23219
Telephone: 1-800-669-4000 (general EEOC hotline) TTY: 1-800-669-6820 (for Deaf/Hard of Hearing callers) ASL Video Phone: 1-844-234-5122 (for Deaf/Hard of Hearing callers)
Website: https://www.eeoc.gov/field-office/richmond
Public Portal: https://publicportal.eeoc.gov (for scheduling intake interviews and checking charge status)
Coverage: The Richmond Local Office has jurisdiction over most Virginia counties including Albemarle, Alleghany, Amelia, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Chesterfield, Craig, Culpeper, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Giles, Goochland, Grayson, Greene, Halifax, Hanover, Henrico, Henry, Highland, Lee, Louisa, Madison, Montgomery, Nelson, Orange, Page, Patrick, Pittsylvania, Powhatan, Prince Edward, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Spotsylvania, Tazewell, Washington, Wise, and Wythe counties, plus numerous independent cities.
Source: EEOC Richmond Local Office jurisdictional information Available at: https://www.eeoc.gov/field-office/richmond
Norfolk Local Office
Address: U.S. Equal Employment Opportunity Commission Norfolk Local Office Federal Building 200 Granby Street, Suite 739 Norfolk, VA 23510
Telephone: 1-800-669-4000 TTY: 1-800-669-6820
Website: https://www.eeoc.gov/field-office/norfolk
Coverage: The Norfolk Local Office has jurisdiction over Virginia counties including Accomack, Brunswick, Caroline, Charles City, Dinwiddie, Essex, Gloucester, Greensville, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northampton, Northumberland, Nottoway, Prince George, Richmond, Southampton, Surry, Sussex, Westmoreland, and York counties, plus Hampton Roads independent cities including Chesapeake, Colonial Heights, Emporia, Franklin, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg.
Function: Both EEOC offices enforce federal laws prohibiting employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, and genetic information. Services include intake interviews, charge filing, investigation, mediation, and potential litigation.
Source: EEOC field office information Available at: https://www.eeoc.gov/field-office
Note: Appointments for intake interviews can be scheduled through the EEOC Public Portal for telephone, video, or in-person interviews. Due to staffing limitations, in-person interviews may only be available on certain days.
2.4 Virginia Employment Commission (VEC)
Main Address: Virginia Employment Commission P.O. Box 26441 Richmond, VA 23261-6441
Customer Contact Center: 1-866-832-2363
Website: https://www.vec.virginia.gov
Function: The Virginia Employment Commission administers Virginia’s unemployment compensation program and workforce development services. The VEC does not handle employment discrimination complaints related to private employers (those should be directed to the Office of Civil Rights or EEOC).
Equal Opportunity Complaints: For EO complaints related to VEC services, email EO_Complaints@vec.virginia.gov
Source: Virginia Employment Commission website Available at: https://www.vec.virginia.gov
Applicable Statutes - Compilation
3.1 Virginia Human Rights Act
LAW: Virginia Human Rights Act REFERENCE: Virginia Code §§ 2.2-3900 through 2.2-3914 ENACTED: Chapter 39 of Title 2.2 LAST AMENDED: July 1, 2024 (addition of “ethnic origin” as protected class) FULL TEXT: https://law.lis.virginia.gov/vacodefull/title2.2/chapter39/ ENFORCEMENT AGENCY: Office of Civil Rights, Office of the Attorney General
KEY PROVISIONS:
According to Virginia Code § 2.2-3900, the purposes of the Virginia Human Rights Act are to:
“1. Safeguard all individuals within the Commonwealth from unlawful discrimination because of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, or disability in places of public accommodation, including educational institutions and in real estate transactions;
- Safeguard all individuals within the Commonwealth from unlawful discrimination in employment because of race, color, religion, ethnic or national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, disability, or military status;
- Preserve the public safety, health, and general welfare;
- Further the interests, rights, and privileges of individuals within the Commonwealth; and
- Protect citizens of the Commonwealth against unfounded charges of unlawful discrimination.”
Source: Virginia Code § 2.2-3900 Available at: https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3900/
Protected Classes Under Virginia Human Rights Act
Employment Discrimination Protections:
- Race
- Color
- Religion
- Ethnic or national origin (ethnic origin added July 1, 2024)
- Sex
- Pregnancy, childbirth, or related medical conditions
- Age
- Marital status
- Sexual orientation
- Gender identity
- Disability
- Military status
Source: Virginia Code § 2.2-3900, § 2.2-3901 Last amended: July 1, 2024
Employer Coverage
According to Virginia Code § 2.2-3901:
For most employment discrimination claims: Employers with more than five (5) employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
For discriminatory discharge claims: Employers with more than five (5) employees.
For reasonable accommodation for disability: Employers with more than five (5) employees for each working day in each of 20 or more calendar weeks.
Exception: For age discrimination, the Virginia Human Rights Act covers employers with more than five and fewer than 20 employees (federal Age Discrimination in Employment Act covers employers with 20 or more employees).
Source: Virginia Code § 2.2-3901, § 2.2-3905.1 Available at: https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3901/
3.2 Americans with Disabilities Act (ADA)
LAW: Americans with Disabilities Act REFERENCE: 42 U.S.C. § 12101 et seq. ENACTED: 1990 LAST AMENDED: ADA Amendments Act of 2008 FULL TEXT: https://www.ada.gov ENFORCEMENT AGENCY: U.S. Equal Employment Opportunity Commission
KEY PROVISIONS:
Title I of the ADA prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
Employer Coverage: Employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year.
Reasonable Accommodation: Employers must provide reasonable accommodations to qualified employees with disabilities, unless doing so would impose an undue hardship.
Source: Americans with Disabilities Act, Title I Available at: https://www.ada.gov
3.3 Virginians with Disabilities Act
LAW: Virginians with Disabilities Act REFERENCE: Virginia Code §§ 51.5-1 through 51.5-46 ENACTED: Title 51.5, Chapter 1 FULL TEXT: https://law.lis.virginia.gov/vacode/title51.5/ ENFORCEMENT AGENCY: Virginia Department for Aging and Rehabilitative Services
KEY PROVISIONS:
Virginia Code § 51.5-41 states:
“A. No employer shall discriminate in employment or promotion practices against an otherwise qualified person with a disability solely because of such disability. For the purposes of this section, an ‘otherwise qualified person with a disability’ means a person qualified to perform the essential functions of a job with or without reasonable accommodations.
B. It is the policy of the Commonwealth that persons with disabilities shall be employed in the state service, the service of the political subdivisions of the Commonwealth, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as other persons unless it is shown that the particular disability prevents the performance of the work involved.
C. An employer shall 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.”
Source: Virginia Code § 51.5-41 Available at: https://law.lis.virginia.gov/vacode/title51.5/chapter9/section51.5-41/
Note: The Virginians with Disabilities Act covers employers of all sizes, including those with fewer than 15 employees who are not covered by the federal ADA.
3.4 Public Policy Exceptions to At-Will Employment
Virginia courts have recognized limited “public policy” exceptions to the at-will employment doctrine, established in Bowman v. State Bank of Keysville, 229 Va. 534 (1985).
Three Categories of Public Policy Claims (“Bowman Claims”):
According to Virginia Supreme Court precedent, wrongful discharge may be established when:
- The termination violates Virginia public policy, and the employee is prevented from exercising a right that they are entitled to under Virginia law;
- A Virginia statute explicitly enumerates a public policy and specifically states that the employee is in the class meant to be covered by the statute’s protection; or
- An employee is terminated for refusing to participate in criminal activity.
Source: Virginia Supreme Court, Bowman v. State Bank of Keysville, 229 Va. 534 (1985)
Examples of protected activities:
- Reporting for jury duty
- Exercising stockholder voting rights free from intimidation
- Filing workers’ compensation claims
- Reporting workplace safety violations to VOSH
- Refusing to engage in illegal conduct
Source: Virginia case law and statutory protections
Reasonable Accommodations - Official Framework
4.1 Virginia Law Requirements for Disability Accommodation
According to Virginia Code § 2.2-3905.1, enacted as part of the Virginia Human Rights Act:
Employer Coverage: Employers with more than five (5) employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
Definitions:
“Person with a disability” means a person who (i) has a physical or mental impairment that substantially limits one or more of such person’s major life activities, (ii) has a record of such impairment, or (iii) is regarded as having such an impairment.
“Physical impairment” and “Mental impairment” as defined in Virginia Code § 51.5-40.1.
Source: Virginia Code § 2.2-3905.1(A) Available at: https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3905.1/
Unlawful Discriminatory Practices
According to Virginia Code § 2.2-3905.1(B), it is an unlawful discriminatory practice for an employer to:
“1. Refuse 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.
- Deny employment or promotion opportunities to an otherwise qualified applicant or employee because the employer will be required to make reasonable accommodation to the applicant or employee.
- Require an employee to take leave if another reasonable accommodation can be provided to the known limitations related to the disability.
- Fail to engage in a timely, good faith interactive process with an employee who has requested an accommodation to determine if the requested accommodation is reasonable, and if such accommodation is determined not to be reasonable, discuss alternative accommodations that may be provided.”
Source: Virginia Code § 2.2-3905.1(B)
Determining Undue Hardship
According to Virginia Code § 2.2-3905.1(B)(1), when determining whether an accommodation would constitute an undue hardship, the following factors shall be considered:
“a. Hardship on the conduct of the employer’s business, considering the nature of the employer’s operation, including composition and structure of the employer’s workforce;
b. The size of the facility where employment occurs;
c. The nature and cost of the accommodations needed, taking into account alternative sources of funding or technical assistance included under § 51.5-173;
d. The possibility that the same accommodations may be used by other prospective employees; and
e. Safety and health considerations of the person with a disability, other employees, and the public at large.”
Source: Virginia Code § 2.2-3905.1(B)(1) Available at: https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3905.1/
4.2 Interactive Process Requirements
Virginia law explicitly requires employers to engage in an interactive process. According to Virginia Code § 2.2-3905.1(B)(4):
Employers must:
- Engage in a timely, good faith interactive process with an employee who has requested an accommodation
- Determine if the requested accommodation is reasonable
- If the requested accommodation is determined not to be reasonable, discuss alternative accommodations that may be provided
Source: Virginia Code § 2.2-3905.1(B)(4)
Note: This requirement applies to employers with more than five employees and is enforced through the Virginia Human Rights Act complaint process.
4.3 Employer Notice Requirements
Virginia Code § 2.2-3905.1(C) establishes specific notice requirements:
“1. Each employer with more than five employees shall include notice regarding the availability of reasonable accommodation in any information provided to job applicants, in employee handbooks or on the employer’s Internet or intranet website, and by posting in a conspicuous location frequented by employees.
- Within 10 business days of the employer being made aware of a prospective employee’s or employee’s disability, the employer shall notify the prospective employee or employee that such individual has the right to request a reasonable accommodation.”
Source: Virginia Code § 2.2-3905.1(C) Available at: https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3905.1/
Required Poster: Employers must display the Virginia Human Rights Act: Reasonable Accommodations for Disability poster in a conspicuous location.
Source: Virginia law requirements effective July 1, 2021
4.4 Reasonable Accommodation May Include Remote Work
Remote work arrangements may constitute a reasonable accommodation under both federal ADA and Virginia law, depending on the essential functions of the job and whether the accommodation would impose an undue hardship on the employer.
According to EEOC guidance, telework may be a reasonable accommodation if:
- The job can be performed remotely
- Remote work does not cause undue hardship to the employer
- The accommodation is necessary due to a disability-related limitation
Source: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act Available at: https://www.eeoc.gov
Important: Whether remote work is a reasonable accommodation depends on individual circumstances and requires the interactive process between employer and employee.
Official Complaint Process
5.1 Virginia Office of Civil Rights
Individuals who believe they have experienced unlawful discrimination in employment under the Virginia Human Rights Act may file a complaint with the Office of Civil Rights.
Filing Deadline
300 days from the date of alleged discrimination for complaints that may be dual-filed with the EEOC (as of July 1, 2024).
180 days for state-only complaints not dual-filed.
Source: Virginia Code § 2.2-3907, as amended effective July 1, 2024 by House Bill 782 and Senate Bill 350
How to File
By Phone: (804) 225-2292
By Mail: Office of Civil Rights Office of the Attorney General of Virginia 202 North Ninth Street Richmond, VA 23219
By Email: civilrights@oag.state.va.us
In Person: Visit the Office of Civil Rights at the address above during business hours
Source: Office of the Attorney General – Civil Rights Division Available at: https://www.oag.state.va.us/citizen-resources/civil-rights
Official Process
According to Virginia Code § 2.2-3907:
Step 1: Filing the Charge
A charge of discrimination must be filed within the applicable deadline. The charge should include:
- Name and contact information of the complainant
- Name and address of the employer
- Description of the discriminatory act(s)
- Date(s) of the alleged discrimination
- Protected class(es) involved
Step 2: Investigation
According to Virginia Code § 2.2-3907(D):
“Once a charge has been issued, the Office shall conduct an investigation sufficient to determine whether there is reasonable cause to believe the alleged discrimination occurred. Such charge shall be the subject of a report made by the Office. The report shall be a confidential document subject to review by the Attorney General, authorized Office employees, and the parties.”
Step 3: Determination
The Office issues a report stating whether there is reasonable cause to believe unlawful discrimination occurred.
If NO reasonable cause found:
According to Virginia Code § 2.2-3907(E):
“If the report on a charge of discrimination concludes that there is no reasonable cause to believe the alleged unlawful discrimination has been committed, the charge shall be dismissed and the complainant shall be given notice of his right to commence a civil action.”
If reasonable cause IS found:
According to Virginia Code § 2.2-3907(F):
“If the report on a charge of discrimination concludes that there is reasonable cause to believe the alleged unlawful discrimination has been committed, the complainant and respondent shall be notified of such determination and the Office shall attempt to resolve the complaint by informal methods of conference, conciliation, or persuasion.”
Step 4: Right to Sue
If conciliation is unsuccessful or if 180 days have passed since filing the complaint without a determination, the complainant receives a notice of right to sue.
Source: Virginia Code § 2.2-3907 Available at: https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3907/
Timeline
Investigation period: Variable, but complainants may request a right-to-sue letter after 180 days
Conciliation attempts: After reasonable cause determination
Source: Virginia Human Rights Act complaint procedures
Contact Information
Office of Civil Rights Office of the Attorney General of Virginia 202 North Ninth Street Richmond, VA 23219
Phone: (804) 225-2292 Email: civilrights@oag.state.va.us Website: https://www.oag.state.va.us/citizen-resources/civil-rights
Hours: Standard business hours (contact for specific hours)
5.2 EEOC (Federal)
Filing Deadline
300 days from the date of discriminatory act for states with Fair Employment Practice Agencies (FEPAs) like Virginia
180 days in states without FEPAs
Source: EEOC regulations under Title VII, ADA, ADEA
Virginia Status: Virginia has a worksharing agreement with the EEOC. Charges filed with the Office of Civil Rights are automatically dual-filed with EEOC, and vice versa.
EEOC Offices Serving Virginia
Richmond Local Office:
U.S. Equal Employment Opportunity Commission Richmond Local Office Federal Building 400 North 8th Street, Suite 350 Richmond, VA 23219
Phone: 1-800-669-4000 TTY: 1-800-669-6820 (for Deaf/Hard of Hearing) ASL Video Phone: 1-844-234-5122
Public Portal: https://publicportal.eeoc.gov
Coverage: Most of Virginia including Richmond, Charlottesville, Roanoke, southwestern and central Virginia
Norfolk Local Office:
U.S. Equal Employment Opportunity Commission Norfolk Local Office Federal Building 200 Granby Street, Suite 739 Norfolk, VA 23510
Phone: 1-800-669-4000 TTY: 1-800-669-6820
Coverage: Hampton Roads area and eastern Virginia
Source: EEOC Field Office Directory Available at: https://www.eeoc.gov/field-office
How to File with EEOC
Online: Schedule an intake interview through the EEOC Public Portal at https://publicportal.eeoc.gov
Appointment options:
- Telephone interview
- Video interview
- In-person interview (may be limited due to staffing)
By Phone: Call 1-800-669-4000 to schedule an intake interview
Walk-in: Individuals who come to an EEOC office without an appointment will be screened for appropriate follow-up, but appointments are strongly recommended.
Important: There are strict deadlines for filing charges of discrimination. Contact EEOC promptly when discrimination is suspected.
Source: EEOC Richmond Local Office information Available at: https://www.eeoc.gov/field-office/richmond
EEOC Process
Step 1: Intake Interview EEOC representative discusses the allegations and determines whether EEOC has jurisdiction
Step 2: Charge Filing If EEOC has jurisdiction, a formal charge of discrimination is filed
Step 3: Investigation EEOC investigates the charge, which may include:
- Requesting information from the employer
- Interviewing witnesses
- Reviewing documents
Step 4: Determination EEOC determines whether there is reasonable cause to believe discrimination occurred
Step 5: Conciliation or Right to Sue
- If cause is found, EEOC attempts conciliation
- If no cause found or conciliation fails, EEOC issues a Right to Sue letter
- Complainant has 90 days from receiving the Right to Sue letter to file a lawsuit in federal court
Source: EEOC enforcement procedures Available at: https://www.eeoc.gov
Resources & Contacts
Government Agency Directory
Virginia Department of Labor and Industry (DOLI)
Official Website: https://doli.virginia.gov
Address: Virginia Department of Labor and Industry Main Street Centre 600 East Main Street, Suite 207 Richmond, VA 23219
Telephone: (804) 371-2327 TTY/TDD: (703) 392-0165 Virginia Relay Center: 711 (to reach any DOLI office)
Office Hours: Monday-Friday, 8:15 AM – 5:00 PM
Function: Administers Virginia Occupational Safety and Health (VOSH) program, Division of Boiler and Pressure Vessel Safety, and Division of Labor and Employment Law. Enforces state laws governing payment of wages, minimum wage, child labor, and right to work provisions.
Office of Civil Rights, Office of the Attorney General
Official Website: https://www.oag.state.va.us/citizen-resources/civil-rights
Address: Office of Civil Rights Office of the Attorney General of Virginia 202 North Ninth Street Richmond, VA 23219
Telephone: (804) 225-2292
Email: civilrights@oag.state.va.us
Function: Investigates complaints alleging unlawful discrimination in employment, public accommodations, and education under the Virginia Human Rights Act. Provides mediation services and determines whether reasonable cause exists for discrimination claims.
U.S. Equal Employment Opportunity Commission (EEOC) – Richmond Local Office
Official Website: https://www.eeoc.gov/field-office/richmond
Address: U.S. Equal Employment Opportunity Commission Richmond Local Office Federal Building 400 North 8th Street, Suite 350 Richmond, VA 23219
Telephone: 1-800-669-4000 TTY: 1-800-669-6820 (for Deaf/Hard of Hearing) ASL Video Phone: 1-844-234-5122
Public Portal: https://publicportal.eeoc.gov
Function: Enforces federal laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age, disability, and genetic information. Covers most of Virginia.
U.S. Equal Employment Opportunity Commission (EEOC) – Norfolk Local Office
Official Website: https://www.eeoc.gov/field-office/norfolk
Address: U.S. Equal Employment Opportunity Commission Norfolk Local Office Federal Building 200 Granby Street, Suite 739 Norfolk, VA 23510
Telephone: 1-800-669-4000 TTY: 1-800-669-6820
Function: Enforces federal employment discrimination laws. Covers Hampton Roads area and eastern Virginia.
Virginia Employment Commission (VEC)
Official Website: https://www.vec.virginia.gov
Address: Virginia Employment Commission P.O. Box 26441 Richmond, VA 23261-6441
Customer Contact Center: 1-866-832-2363
Function: Administers Virginia’s unemployment compensation program. Does not handle employment discrimination complaints related to private employers.
Virginia Department for Aging and Rehabilitative Services (DARS)
Official Website: https://www.vadars.org
Address: Virginia Department for Aging and Rehabilitative Services 8004 Franklin Farms Drive Richmond, VA 23229
Telephone: (804) 662-7000 TTY: (800) 464-9950
Function: Administers services for Virginians with disabilities, including vocational rehabilitation services and disability determination for Social Security.
Key Publications and Legal Resources
Virginia Code – Employment Laws
Virginia Human Rights Act: Virginia Code §§ 2.2-3900 through 2.2-3914 Available at: https://law.lis.virginia.gov/vacodefull/title2.2/chapter39/
Virginians with Disabilities Act: Virginia Code §§ 51.5-1 through 51.5-46 Available at: https://law.lis.virginia.gov/vacode/title51.5/
Payment of Wages: Virginia Code § 40.1-29 Available at: https://law.lis.virginia.gov/vacode/title40.1/
Employment At-Will Information: DOLI website Available at: https://doli.virginia.gov/programs/labor-law/virginia-labor-laws/
Federal Resources
Americans with Disabilities Act (ADA): Website: https://www.ada.gov ADA Information Line: 1-800-514-0301 TTY: 1-800-514-0383
EEOC Resources: Main Website: https://www.eeoc.gov How to File a Charge: https://www.eeoc.gov/how-file-charge-employment-discrimination Know Your Rights: https://www.eeoc.gov/youth/know-your-rights-workplace-discrimination-illegal
U.S. Department of Labor: Website: https://www.dol.gov Wage and Hour Division Richmond Office: (804) 771-2995
Virginia-Specific Guidance Documents
DOLI Virginia Labor Laws Page: Comprehensive information on Virginia employment statutes Available at: https://doli.virginia.gov/programs/labor-law/virginia-labor-laws/
Office of Civil Rights – Filing a Complaint: Information on the discrimination complaint process in Virginia Available at: https://www.oag.state.va.us/citizen-resources/civil-rights
Virginia Human Rights Act Posters: Required workplace posters for Virginia employers Available through: DOLI and Office of the Attorney General websites
Legal Assistance Resources
For legal advice (not information):
Virginia State Bar:
Website: https://www.vsb.org
Lawyer Referral Service: Phone: 1-800-552-7977 Website: https://www.vsb.org/site/public/lawyer-referral-service Function: Connects individuals with Virginia attorneys who can provide consultations
Legal Aid Organizations:
Virginia Legal Aid Society: Website: https://www.vlas.org Phone: 1-866-534-5243 Coverage: Provides free legal services to eligible low-income Virginians in civil matters
Central Virginia Legal Aid Society: Website: https://www.cvlas.org Phone: 1-800-868-1212 Coverage: Serves central Virginia
Legal Services of Northern Virginia: Website: https://www.lsnv.org Phone: (703) 778-6800 Coverage: Serves Northern Virginia
Virginias Legal Aid: Website: https://www.valegalaid.org Function: Portal to connect with appropriate legal aid organization based on location
Southwest Virginia Legal Aid Society: Website: https://www.svlas.org Phone: 1-866-287-8527 Coverage: Serves southwestern Virginia
Blue Ridge Legal Services: Website: https://www.brls.org Phone: 1-800-237-0141 Coverage: Serves Shenandoah Valley and surrounding areas
Disability Rights Organizations:
disAbility Law Center of Virginia (dLCV): Website: https://www.dlcv.org Phone: 1-800-552-3962 (Voice/TTY) Email: info@dlcv.org Function: Protection and advocacy organization for Virginians with disabilities
Virginia Department for the Deaf and Hard of Hearing: Website: https://www.vddhh.virginia.gov Phone: (804) 662-9502 Videophone: (804) 873-4968 Function: Registry of qualified sign language interpreters and resources for deaf/hard of hearing Virginians
Worker Rights Resources:
Virginia AFL-CIO: Website: https://vaaflcio.org Function: Labor federation representing union workers in Virginia
Virginia Governmental Employees Association (VGEA): Website: https://vgea.org Function: Lobbying organization for Virginia state employees
Important Note: Government agencies provide information and enforcement, not legal advice. For advice on your specific situation regarding employment law matters, consult a licensed attorney in Virginia.
Frequently Asked Questions - RTO mandate Virginia
What is Virginia’s return to office mandate?
Virginia does not have a single statewide return to office mandate covering all workers. Instead, there are separate frameworks:
For Virginia state employees: Governor Glenn Youngkin issued a telework policy in May 2022 requiring state employees to return to in-person work by July 5, 2022. Limited telework is available only through approved agreements (one day per week requires agency head approval, two days requires cabinet secretary approval, more than two days requires Chief of Staff approval).
For federal employees in Virginia: President Trump’s January 20, 2025 Presidential Memorandum requires federal employees to return to in-person work, affecting Virginia’s approximately 133,000 federal workers. Implementation timelines vary by agency.
For private sector employees: No state mandate exists. Private employers operate under at-will employment doctrine and may set their own return to office policies, subject to anti-discrimination laws and reasonable accommodation requirements.
Sources: Governor’s Office announcements May 2022, Presidential Memorandum January 20, 2025, Virginia Department of Labor and Industry
Does Virginia’s state employee RTO policy apply to private employers?
No. Governor Youngkin’s 2022 telework policy applies only to Virginia state government employees. Private sector employers in Virginia are not bound by this policy.
Private employers may establish their own return to office policies. However, they must comply with:
- Virginia Human Rights Act anti-discrimination protections
- Americans with Disabilities Act reasonable accommodation requirements
- Employment contracts and collective bargaining agreements
- At-will employment limitations (public policy exceptions)
Source: Virginia Department of Labor and Industry, Virginia Human Rights Act
Can my employer force me back to the office in Virginia?
Generally yes, for private sector at-will employees without contracts. Virginia follows the at-will employment doctrine, meaning employers can change employment conditions, including work location, at any time without notice, provided they do not violate:
Legal protections:
- Anti-discrimination laws (Virginia Human Rights Act, federal laws)
- Reasonable accommodation requirements for disabilities
- Employment contracts or collective bargaining agreements
- Public policy protections (refusing to perform illegal acts, exercising statutory rights)
Exceptions where remote work may be protected:
- Reasonable accommodation for a disability requiring remote work
- Written employment contract guaranteeing remote work
- Collective bargaining agreement protecting telework rights
- Retaliation for exercising protected rights
Source: Virginia Supreme Court at-will employment jurisprudence, Virginia Human Rights Act
What are my accommodation rights under Virginia law?
Under the Virginia Human Rights Act (Virginia Code § 2.2-3905.1), employees of employers with more than five employees have the right to:
Reasonable accommodation for disability:
- Accommodations to perform essential job functions
- Interactive process with employer to identify accommodations
- No requirement to take unpaid leave if another reasonable accommodation exists
Protected from:
- Denial of employment because accommodation is needed
- Discharge or discipline for requesting accommodation
- Failure to engage in timely, good faith interactive process
Accommodation may include:
- Modified work schedules
- Remote work or telework arrangements
- Assistive technology or equipment
- Job restructuring
- Modified policies or procedures
Employer can deny only if: The accommodation would impose an undue hardship considering business hardship, facility size, nature and cost of accommodation, safety considerations, and other factors.
Notice requirements: Employers must notify employees of their right to request accommodation within 10 business days of becoming aware of a disability, and must post accommodation rights in the workplace.
Sources: Virginia Code § 2.2-3905.1, Virginia Human Rights Act Available at: https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3905.1/
How do I file a discrimination complaint in Virginia?
Option 1: Virginia Office of Civil Rights
Deadline: 300 days from discrimination for dual-filed charges (180 days for state-only)
How to file:
- Phone: (804) 225-2292
- Mail: Office of Civil Rights, 202 North Ninth Street, Richmond, VA 23219
- Email: civilrights@oag.state.va.us
Process: Investigation, determination of reasonable cause, conciliation attempts, right-to-sue letter if unresolved or after 180 days
Option 2: EEOC
Deadline: 300 days from discrimination (Virginia has worksharing agreement)
How to file:
- Online: https://publicportal.eeoc.gov (schedule intake interview)
- Phone: 1-800-669-4000
- In person: Richmond office at 400 N 8th St Suite 350, or Norfolk office at 200 Granby St Suite 739
Dual filing: Charges filed with either agency are automatically shared with the other
After filing: Investigation, determination, conciliation, right-to-sue letter. You have 90 days from receiving right-to-sue letter to file lawsuit in court.
Sources: Virginia Code § 2.2-3907, EEOC procedures Available at: https://www.eeoc.gov/how-file-charge-employment-discrimination
Can I request remote work as a reasonable accommodation?
Yes, you may request remote work as a reasonable accommodation for a disability under the Americans with Disabilities Act and Virginia Human Rights Act.
Requirements:
- You must have a disability as defined by law (physical or mental impairment substantially limiting a major life activity)
- Remote work must be necessary due to disability-related limitations
- You must be able to perform essential job functions remotely
- The accommodation must not impose undue hardship on the employer
Process:
- Make your request to your employer (preferably in writing)
- Provide information about your disability and why remote work is needed
- Engage in interactive process with employer to discuss the request
- Employer may request medical documentation
- Employer must consider the request and discuss alternatives if denying
Employer can deny if:
- In-person presence is an essential function of the job
- Remote work would impose undue hardship
- Another reasonable accommodation can address the limitation without remote work
If denied: You may file a complaint with the Office of Civil Rights or EEOC if you believe the denial was discriminatory or the employer failed to engage in good faith interactive process.
Sources: EEOC guidance on reasonable accommodation, Virginia Code § 2.2-3905.1 Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
What is the Virginia Human Rights Act?
The Virginia Human Rights Act (Virginia Code Chapter 39 of Title 2.2) is Virginia’s comprehensive anti-discrimination law. Enacted to safeguard individuals from unlawful discrimination, the Act protects against discrimination in:
- Employment
- Public accommodations
- Housing and real estate
- Education
Protected classes in employment:
- Race
- Color
- Religion
- Ethnic or national origin (ethnic origin added July 1, 2024)
- Sex
- Pregnancy, childbirth, or related medical conditions
- Age
- Marital status
- Sexual orientation
- Gender identity
- Disability
- Military status
Employer coverage: Generally employers with more than five employees (some provisions apply to employers with more than five employees for 20 or more weeks)
Enforcement: Office of Civil Rights at the Office of the Attorney General investigates complaints. Individuals may also file civil lawsuits in Virginia courts after receiving right-to-sue notice.
Remedies: Up to 12 months back pay with interest, or through date of judgment if delay tactics found, injunctive relief, attorney’s fees
Sources: Virginia Code §§ 2.2-3900 through 2.2-3914 Available at: https://law.lis.virginia.gov/vacodefull/title2.2/chapter39/
Where do I file an EEOC complaint in Virginia?
Virginia has two EEOC local offices:
Richmond Local Office (covers most of Virginia): Federal Building 400 North 8th Street, Suite 350 Richmond, VA 23219 Phone: 1-800-669-4000 TTY: 1-800-669-6820 Public Portal: https://publicportal.eeoc.gov
Norfolk Local Office (covers Hampton Roads and eastern Virginia): Federal Building 200 Granby Street, Suite 739 Norfolk, VA 23510 Phone: 1-800-669-4000 TTY: 1-800-669-6820
How to file:
- Schedule an intake interview through the EEOC Public Portal (telephone, video, or in-person)
- Call 1-800-669-4000 to schedule an appointment
- Walk-in (appointments recommended)
Deadline: 300 days from discrimination for Virginia (worksharing state)
Note: Charges filed with Virginia’s Office of Civil Rights are automatically dual-filed with EEOC and vice versa.
Sources: EEOC Field Office Directory Available at: https://www.eeoc.gov/field-office/richmond and https://www.eeoc.gov/field-office/norfolk
What is at-will employment in Virginia?
At-will employment means either the employer or employee can terminate the employment relationship at any time, for any reason or no reason, without advance notice or cause.
According to the Virginia Supreme Court:
“Virginia adheres to the common-law rule that when the intended duration of a contract for the rendition of services cannot be determined by fair inference from the terms of the contract, then either party is ordinarily at liberty to terminate the contract at will.”
Key characteristics:
- No notice required (as of 2016 Virginia Supreme Court decision)
- No cause required for termination
- Applies to most private sector employment
- Mutual doctrine (applies to both employers and employees)
Exceptions:
- Written employment contracts specifying term or cause requirements
- Collective bargaining agreements
- Public policy protections (cannot fire for refusing illegal acts, exercising statutory rights, jury duty, etc.)
- Anti-discrimination laws (cannot terminate based on protected classes)
- Anti-retaliation protections (cannot fire for filing discrimination complaints, workers’ comp claims, safety complaints)
Important: At-will does not mean employers can violate anti-discrimination laws or fail to provide reasonable accommodations.
Sources: Virginia Supreme Court, Johnston v. William E. Wood & Associates, Inc., 787 S.E.2d 103 (Va. 2016); Virginia Department of Labor and Industry Available at: https://doli.virginia.gov/programs/labor-law/virginia-labor-laws/
What is the difference between state employee and private sector RTO requirements in Virginia?
State Employees:
Mandate: Governor Youngkin’s May 2022 telework policy Effective date: July 5, 2022 Requirements: In-person work required unless telework agreement approved Telework approval: Tiered system (1 day/week = agency head, 2 days/week = cabinet secretary, 3+ days/week = Chief of Staff) Coverage: Virginia state government employees only Enforcement: State employment policies
Federal Employees in Virginia:
Mandate: President Trump’s January 20, 2025 Presidential Memorandum Implementation: Agency-specific timelines Example – VA: Supervisors by February 24, 2025; non-bargaining employees by April 28, 2025 Coverage: Federal government employees (~133,000 in Virginia) Exceptions: Reasonable accommodations for disabilities, military spouses with PCS orders, case-by-case exemptions
Private Sector Employees:
Mandate: None Authority: Individual employer policies Framework: At-will employment (employers can require in-office work) Protections: Anti-discrimination laws, reasonable accommodation requirements, employment contracts Coverage: All private employers
Common to all: Reasonable accommodations for disabilities must be provided where required by law (ADA, Virginia Human Rights Act, Virginians with Disabilities Act).
Sources: Governor’s Office announcements, Presidential Memorandum, VA Department guidance, Virginia employment law
When does the federal return to office mandate take effect in Virginia?
The federal return to office mandate implementation varies by agency. President Trump’s January 20, 2025 Presidential Memorandum directed agency heads to terminate remote work arrangements “as soon as practicable.”
Key timelines for Virginia federal workers:
Department of Veterans Affairs:
- Political appointees, SES members: Immediate (January 2025)
- Supervisors within 50 miles of facility: February 24, 2025
- Non-bargaining employees within 50 miles: April 28, 2025
- Bargaining unit employees: To be announced
- Employees beyond 50 miles: Further guidance forthcoming
General timeline: Most agencies implementing between January and July 2025
Exceptions allowed:
- Reasonable accommodation for disability or medical condition
- Military spouses with PCS orders
- Case-by-case exemptions approved by agency heads
- Space limitations (where office space unavailable)
Note: Implementation may be phased and subject to:
- Union negotiations for bargaining unit employees
- Workspace availability
- Operational requirements
Sources: Presidential Memorandum January 20, 2025, VA announcements January-February 2025 Available at: https://department.va.gov/revisions-to-va-handbook-5011-telework-and-remote-work-arrangements/
Can Virginia employers retaliate against employees who request accommodations?
No. Retaliation against employees for requesting reasonable accommodations is prohibited under both federal and Virginia law.
Protected activities:
- Requesting reasonable accommodation for disability
- Engaging in interactive process with employer
- Filing discrimination complaints
- Opposing discriminatory practices
- Testifying in discrimination proceedings
Prohibited retaliation includes:
- Termination or discharge
- Demotion or reduced pay
- Unfavorable job assignments
- Exclusion from opportunities
- Harassment or hostile work environment
- Any adverse employment action because of protected activity
Legal protections:
Americans with Disabilities Act: 42 U.S.C. § 12203 prohibits retaliation
Virginia Human Rights Act: Virginia Code § 2.2-3903(B) states:
“It shall be an unlawful discriminatory practice for any person to retaliate, discriminate or take reprisal against any person because such person has opposed any unlawful discriminatory practice, has made a charge, has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this chapter.”
Source: Virginia Code § 2.2-3903 Available at: https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3903/
If retaliation occurs: File a complaint with Office of Civil Rights or EEOC. Retaliation is a separate cause of action from the underlying discrimination claim.
How long do I have to file a discrimination complaint in Virginia?
Virginia Office of Civil Rights:
300 days from the date of discrimination – for charges that may be dual-filed with EEOC (applicable since July 1, 2024 amendments)
180 days – for state-only complaints not involving federal law
Source: Virginia Code § 2.2-3907, as amended by House Bill 782 and Senate Bill 350, effective July 1, 2024
EEOC (federal):
300 days from discrimination – in states with Fair Employment Practice Agencies (FEPAs) like Virginia
180 days – in states without FEPAs
Pregnancy discrimination (direct state court filing):
2 years – for claims based on pregnancy, childbirth, or related conditions filed directly in Virginia state court
Disability discrimination (direct state court filing):
180 days – for claims under Virginians with Disabilities Act filed directly in state court
After receiving right-to-sue notice:
90 days to file lawsuit in court after receiving right-to-sue letter from Office of Civil Rights or EEOC
Important: These deadlines are strict. Missing a deadline may result in losing the right to file a complaint or lawsuit. Contact the Office of Civil Rights or EEOC promptly when discrimination is suspected.
Sources: Virginia Code § 2.2-3907, EEOC regulations, Virginia Human Rights Act Available at: https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3907/
What should I do if my employer denies my accommodation request?
If your employer denies your request for reasonable accommodation:
Step 1: Request written explanation
Ask your employer to provide the reason for denial in writing, including:
- Why the requested accommodation would impose undue hardship, or
- Why they believe the accommodation is not reasonable, or
- What alternative accommodations they can offer
Step 2: Continue interactive process
Under Virginia law (Virginia Code § 2.2-3905.1(B)(4)), employers must engage in good faith interactive process. Ask:
- What alternative accommodations would the employer consider?
- What information does the employer need?
- Can a temporary or trial accommodation be arranged?
Step 3: Gather documentation
Collect:
- Your accommodation request (written)
- Medical documentation supporting your need
- Communications with your employer
- The employer’s denial and stated reasons
- Information about similar accommodations provided to others
Step 4: Consider filing a complaint
If you believe the denial was discriminatory or the employer failed to engage in good faith interactive process:
File with Office of Civil Rights: Phone: (804) 225-2292 Email: civilrights@oag.state.va.us Address: 202 North Ninth Street, Richmond, VA 23219 Deadline: 300 days from discrimination
File with EEOC: Phone: 1-800-669-4000 Online: https://publicportal.eeoc.gov Deadline: 300 days from discrimination
Step 5: Consult an attorney
Consider consulting a Virginia employment attorney, especially if:
- The denial appears pretextual
- Your employer refuses to engage in interactive process
- You experience retaliation after requesting accommodation
- You are facing termination or adverse action
Legal assistance resources:
- Virginia State Bar Lawyer Referral Service: https://www.vsb.org/site/public/lawyer-referral-service
- Virginia Legal Aid: https://www.valegalaid.org
Sources: Virginia Code § 2.2-3905.1, EEOC guidance on reasonable accommodation