Virginia EEOC filing deadline
Virginia is a 300-day federal jurisdiction for Title VII bases. The 300-day extension under 42 U.S.C. §2000e-5(e)(1) rule applies, with dual-filing mechanics under 29 CFR §1601.13.
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Details
State FEPA
State filing window
Runs independently of the federal 180/300 clock. Some states impose a tighter internal deadline; others (CA 3-year, IL/OH 730-day post-amendment) extend well past the federal window.
Worksharing posture
Worksharing agreement in effect. Filing with either the EEOC or the state agency typically constitutes filing with both.
Federal circuit
Virginia is in the 4th Circuit. Federal appellate treatment of Morgan (2002) continuing-violation doctrine and constructive-discharge doctrine varies by circuit and is reviewed quarterly.
Where Virginia state law goes beyond federal
Title VII covers race, color, religion, sex, and national origin. ADA adds disability; ADEA adds age 40+; GINA adds genetic information. Many state FEPAs cover additional bases that federal law does not — those gaps are real grounds even when the federal claim is closed.
Shared with federal · 7
- RaceTitle VII
- ColorTitle VII
- ReligionTitle VII
- SexTitle VII
- National originTitle VII
- Age (40+)ADEA
- DisabilityADA
State-only bases · 5
- Marital status
- Pregnancy
- Sexual orientation
- Gender identity
- Military / veteran status
These bases are covered only by state law in this jurisdiction. Federal Title VII / ADA / ADEA / GINA do not reach them — but state-court remedies under the state FEPA statute may still be available.
State-specific notes
- Virginia Values Act (2020) significantly expanded VHRA coverage to include sexual orientation, gender identity, and lowered employer threshold to 6+ employees (15+ for disability). Created enforceable private cause of action where previously VHRA was a 'declaration of policy' (similar to NC's NCEEPA situation). Va. Code §2.2-3904. Virginia is now firmly a 300-day state with broad coverage.
FAQ
What is the EEOC charge filing deadline in Virginia?
300 days from the most recent discriminatory act under 42 U.S.C. §2000e-5(e)(1). Virginia has a designated Fair Employment Practices Agency (Virginia Office of Civil Rights / Office of the Attorney General (formerly Virginia Council on Human Rights / Division of Human Rights)) enforcing a same-basis state anti-discrimination law, which triggers the 300-day extension under 29 CFR §1601.13.
Does Virginia have a state-level discrimination agency?
Yes — Virginia Office of Civil Rights / Office of the Attorney General (formerly Virginia Council on Human Rights / Division of Human Rights) (https://www.oag.state.va.us/programs-initiatives/civil-rights). Operating statute: Va. Code §2.2-3900 et seq. (Virginia Human Rights Act / VHRA, expanded by Virginia Values Act, HB 1663, 2020). Covered protected bases include race, color, religion, sex, national_origin, age, disability, marital_status, pregnancy, sexual_orientation, gender_identity, military_status.
Which federal circuit does Virginia sit in?
Virginia is in the 4th Circuit. Federal appeals from district courts in Virginia go to that Circuit. Continuing-violation doctrine treatment under Morgan (2002) varies by circuit; consult an employment-law attorney before relying on circuit-specific applications.
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