Virginia Extends and Clarifies Discrimination Complaint Procedures

Effective July 1, 2026, Virginia House Bill 925 amends the Virginia Human Rights Act (VHRA) to expand the timeframe for filing discrimination claims and to formalize the procedures governing how such complaints are processed, investigated, and resolved by the Office of Civil Rights within the Virginia Department of Law. The changes are expected to increase potential exposure for employers by extending filing deadlines and standardizing enforcement processes.

Extended Filing Deadline for Discrimination Complaints

The most significant change under HB 925 is the extension of the statute of limitations for administrative discrimination claims. Individuals alleging unlawful discrimination now have one year from the date of the alleged discriminatory act to file a complaint with the Office of Civil Rights, replacing the prior 300‑day filing period. This extension provides individuals with additional time to evaluate and bring claims, and increases the window during which employers may face administrative and litigation risk.

Standardized Complaint Processing and Investigation Procedures

HB 925 also establishes clearer procedures for handling discrimination complaints. Once a complaint is filed, the Office of Civil Rights is required to:

  • Investigate the allegations to determine whether there is reasonable cause to believe unlawful discrimination occurred; and
  • Attempt to resolve the matter through informal methods, such as conciliation or mediation, where appropriate.
     

These provisions formalize the agency’s investigative role and emphasize early resolution efforts before matters proceed to litigation.

Pathway to Civil Litigation

The law clarifies when complainants may bring civil actions. Individuals retain the right to file a lawsuit after:

  • Receiving appropriate notice from the Office of Civil Rights, or
  • 180 days have passed since filing the complaint, if the agency has not resolved the matter.
     

This framework aligns administrative and judicial processes and provides greater predictability regarding when litigation may proceed.

Employer Takeaway Beginning July 1, 2026, Virginia employers should expect a longer exposure period for discrimination claims and more structured agency investigations. Employers should review record‑retention practices, strengthen internal complaint resolution procedures, and ensure managers are trained to address discrimination concerns promptly. With employees afforded additional time to file claims and clearer pathways to litigation, proactive compliance and early issue resolution will be critical to managing risk under the updated VHRA framework.