Virginia: Legislative Update

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All Employers with Employees in VA

EFFECTIVE

July 1, 2024

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Quick Look

  • Virginia’s most recent General Assembly brought several new and amended laws that will impact employers.
  • The Virginia Human Rights Act is expanded to include “ethnic origin” as a protected class, and the timing and procedure for filing claims is expanded.
  • Protections for medicinal cannabis oil is expanded to most public employees.
  • A veterans’ benefits and services poster will be created for display.

Discussion

At the close of the most recent General Assembly, the Virginia legislature passed several employment-related bills that went into effect on July 1, 2024. Key aspects to the new and amended laws are summarized below.

Amendments to Virginia Human Rights Act.

  • HB 18 amends the Virginia Human Rights Act (VHRA) to now include “ethnic origin” to the list of protected classifications.
  • HB 782 extends the time for employees to bring discrimination charges under Virginia law in certain circumstances. Under the amendment, individuals who want to file both a federal charge of discrimination with the Equal Employment Opportunity Commission (EEOC) and a state charge with the Virginia Office of the Attorney General’s Office of Civil Rights (VOCR) may do so within 300 days of the alleged unlawful employment practice.
  • SB 350 amends the administrative procedure for filing a lawsuit following a charge of discrimination, allowing individuals who have filed with the VOCR to file their VHRA claim in court once 180 days have passed from the filing of the charge, even if the VOCR has not issued a right to sue notice. This change will likely result in an increase of claims proceeding to litigation.

 

Protections for Medicinal Cannabis Oil Expanded to Public Employees. SB 391 amends Virginia’s medical marijuana protections by specifying that an employee’s lawful medical use of cannabis oil, as defined in Section 4.1-1600 of the Virginia Code, must conform to the laws of the Commonwealth to be protected (i.e., by using cannabis oil for medical reasons pursuant to a professional practitioner’s certification).  The bill also expands these protections to most state and local public employees, including employees of the Commonwealth and its counties, cities, towns, and political subdivisions.  These protections, however, were not extended to law-enforcement officers. This change does not affect employers’ ability to prohibit cannabis possession during work hours.

 

Veterans Benefits and Services Poster. HB 160 directs the VA Department of Labor and Industry (DOLI), in consultation with the VA Department of Veteran Services, to create a poster describing benefits and services available to veterans. Displaying the poster will not be mandatory but may be beneficial to employers by demonstrating that employers take veterans’ assistance and related matters seriously and may help employers defend against claims of discrimination based on servicemember or veteran status. Employers who choose to display the poster must do so in the same location where they post other employee notices.

Action Items

  1. Review and update anti-discrimination policies to encompass expanded definitions.
  2. Review and update policies and procedures related to use of medical cannabis.
  3. Display veterans’ assistance poster when available.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase