Virginia (VA)
Employment Practices Liability Insurance in Virginia
Virginia employers are subject to the Virginia Human Rights Act, which was significantly expanded by the 2020 Virginia Values Act to reach smaller employers and add new protected categories. Employment practices liability insurance helps Virginia businesses manage defense costs for discrimination, harassment, and retaliation claims handled through the state's Office of Civil Rights or in court.
Virginia at a glance
- Governing statute
- VA Human Rights Act
- Enforcement agency
- VA Office of Civil Rights (Attorney General's office)
- Non-compete restriction
- Limits for lower-wage employees
- Expanded categories
- Broadened protected classes
Substantially expanded by the 2020 Virginia Values Act.
Investigates charges and can issue determinations supporting further legal action.
Non-compliant agreements can create exposure separate from discrimination claims.
Virginia Values Act added categories beyond the prior VHRA framework.
The Virginia Human Rights Act after the Virginia Values Act
The Virginia Human Rights Act (VHRA) prohibits employment discrimination, and the 2020 Virginia Values Act substantially expanded its reach, extending core discrimination protections to employers with far fewer workers than the federal Title VII threshold of 15 employees for many types of claims, while also broadening protected categories. Virginia employers who previously operated under the assumption that only larger employers faced discrimination exposure should reassess that view in light of the Virginia Values Act's changes.
The Virginia Values Act also increased available remedies for successful claimants, which underwriters and employers alike weigh when evaluating the potential cost of an employment claim in the state.
How a claim proceeds through the Office of Civil Rights
Virginia employees generally file a charge with the Office of Civil Rights within the Virginia Attorney General's office, which investigates, may attempt conciliation, and can issue a determination that allows the employee to pursue the matter further, including in circuit court. Virginia's process reflects the state's relatively recent build-out of a more robust civil rights enforcement structure following the Virginia Values Act.
Employers who engage constructively with an Office of Civil Rights investigation, including timely production of personnel records, generally have a better opportunity to resolve matters before they escalate.
Virginia-specific exposure notes
Virginia has restricted the use of non-compete agreements for many lower-wage employees, and agreements that don't comply can create separate exposure beyond a standard discrimination claim. Virginia also has a growing body of pregnancy and lactation accommodation requirements layered onto the VHRA, and employers who don't document the interactive accommodation process can face difficulty defending related claims.
What EPLI covers and how to stay prepared
Employment practices liability insurance generally covers defense costs and covered damages for discrimination, harassment, wrongful termination, and retaliation claims, subject to the policy's terms and exclusions. Virginia employers benefit from reviewing non-compete agreements for compliance with current wage-based restrictions, documenting accommodation requests and responses, and maintaining consistent records supporting adverse employment decisions.
Who we write this for in Virginia
VA restaurants using non-compete or non-solicit agreements for lower-wage staff should confirm compliance.
Restaurants insuranceVA home health employers face accommodation-related exposure tied to caregiving schedules.
Home Health Care insuranceVA contractors are subject to the expanded VHRA following the Virginia Values Act.
General Contractors insuranceVA daycare operators must document lactation and pregnancy accommodation requests carefully.
Daycare Centers insuranceEmployment practices liability FAQs for Virginia
General guidance, not legal advice. Virginia requirements change and apply differently by entity type, class code and contract. Confirm current rules with the Virginia State Corporation Commission — Bureau of Insurance or talk with a licensed Provident agent.
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