Part 1: Virginia Expands Employers Who Are Subject to the Virginia Human Rights Act

Written by: Kristina Keech Spitler

Virginia employers should take a close look at recent changes to the Virginia Human Rights Act (VHRA), especially smaller businesses that may not have previously considered themselves covered by the law. Effective July 1, 2026, the definition of “employer” for purposes of the VHRA expands to include businesses with five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The prior threshold was 15 employees (20 employees for age discrimination) except for lower thresholds that only applied to claims based upon alleged unlawful discharge. This change is important because it expands the number of employers that may face claims involving discrimination-related allegations tied to Virginia’s protected statuses pursuant to the VHRA.

The law also includes a procedural change that extends the time frame an aggrieved person can file a complaint with the Virginia Office of Civil Rights. The new statute of limitations for filing a complaint has been expanded from 300 days to two years from the date the alleged discriminatory practice occurred.

For employers, the practical takeaway is straightforward. With more small businesses now falling within the reach of the VHRA and employees having more time to bring complaints, employment decisions should be well documented, policies should be current, and managers should understand how protected-status issues may arise in hiring, discipline, and termination decisions. That does not mean every employer needs to panic, but it does mean this is not an area to ignore.

If your business does not have anti-discrimination policies or has not reviewed its anti-discrimination policies, complaint procedures, or manager training recently, now is a smart time to do it.

Contact Kristina Keech Spitler, Esq. or Meghan M. Phillips, Esq. to make sure your organization is prepared for these VHRA changes, review your employment practices, and assist with other employment-related legal issues at 703-369-4738 or kspitler@vfnlaw.com or mphillips@vfnlaw.com.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer