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HOUSE BILL NO. 1481
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Commerce and Labor
on March 9, 2026)
(Patron Prior to Substitute--Delegate Keys-Gamarra)
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered
40.1-28.7:12
, relating to labor and employment; notice of right to file a charge or complaint of discrimination.
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
40.1-28.7:12
as follows:
§
40.1-28.7:1
2
. Employers to
provide notice of right to file a charge or complaint of discrimination
.
A. For the purposes of this section, "employer"
means any employer as defined
in §
40.1-2
that employs 1
5
or more employees
, and notwithstanding the provisions of
§
40.1-2.1
, "employer" includes the Commonwealth and its agencies, institutions, and political subdivisions.
B. A
t each of the following times, a
n employer
or such employer's designee
shall
provide
to
each
employee
a
written
notification of
such
employee's right to file
(i)
a charge of discrimination with the U.S. Equal Employment Opportunity Commission
within 300 days after the occurrence of an alleged unlawful discriminatory practice
and
(ii) a complaint
of an alleged unlawful discriminatory practice
with
the Office of the Attorney General
under
the Virginia Human Rights Act (
§
2.2-3900
et seq.)
:
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
.
2. That no later than January 1, 2027, the Office of Civil Rights of the Department of Law shall publish a standard written notice for employers to provide to employees pursuant to §
40.1-28.7:12
of the Code of Virginia, as created by this act. Such notice shall include the time period for an
employee's right to file (i) a charge of discrimination with the U.S. Equal Employment Opportunity Commission within 300 days after the occurrence of an alleged unlawful discriminatory practice and (ii) a
complaint of an alleged unlawful discriminatory practice with the Office
of
Civil Rights of the Department of Law under §
2.2-3907
or
2.2-3909
of the Code of Virginia
. The office of Civil Rights of the Department of Law shall update such notice as necessary to maintain accuracy with the Virginia Human Rights Act (§
2.2-3900
et seq.
of the Code of Virginia
) and the Equal Employment Opportunity Act of 1972 (42 U.SC. §§ 2000e et seq.).
3. That the provisions of the first enactment of this act shall become effective on January 1, 2027.