A. Nothing in this article creates, nor shall it be construed to create, anindependent or private cause of action to enforce its provisions, except asspecifically provided in subsections B and C.
B. No employer employing more than five but less than 15 persons shalldischarge any such employee on the basis of race, color, religion, nationalorigin, sex, pregnancy, childbirth or related medical conditions, includinglactation, or of age if the employee is 40 years old or older. For thepurposes of this section, "lactation" means a condition that may result inthe feeding of a child directly from the breast or the expressing of milkfrom the breast.
C. The employee may bring an action in a general district or circuit courthaving jurisdiction over the employer who allegedly discharged the employeein violation of this section. Any such action shall be brought within 300days from the date of the discharge or, if the employee has filed a complaintwith the Council or a local human rights or human relations agency orcommission within 300 days of the discharge, such action shall be broughtwithin 90 days from the date that the Council or a local human rights orhuman relations agency or commission has rendered a final disposition on thecomplaint. The court may award up to 12 months' back pay with interest at thejudgment rate as provided in § 6.1-330.54. However, if the court finds thateither party engaged in tactics to delay resolution of the complaint, it may(i) diminish the award or (ii) award back pay to the date of judgment withoutregard to the 12-month limitation.
In any case where the employee prevails, the court shall award attorneys'fees from the amount recovered, not to exceed 25 percent of the back payawarded. The court shall not award other damages, compensatory or punitive,nor shall it order reinstatement of the employee.
D. Causes of action based upon the public policies reflected in this articleshall be exclusively limited to those actions, procedures and remedies, ifany, afforded by applicable federal or state civil rights statutes or localordinances. Nothing in this section or § 2.2-3900 shall be deemed to alter,supersede, or otherwise modify the authority of the Council or of any localhuman rights or human relations commissions established pursuant to §15.2-853 or 15.2-965 or subject to the provisions of § 2.2-2638.
(1987, c. 581, § 2.1-725; 1995, c. 838; 1997, c. 404; 2000, c. 933; 2001, c.844; 2002, c. 561; 2005, cc. 756, 770, 857.)
A. Nothing in this article creates, nor shall it be construed to create, anindependent or private cause of action to enforce its provisions, except asspecifically provided in subsections B and C.
B. No employer employing more than five but less than 15 persons shalldischarge any such employee on the basis of race, color, religion, nationalorigin, sex, pregnancy, childbirth or related medical conditions, includinglactation, or of age if the employee is 40 years old or older. For thepurposes of this section, "lactation" means a condition that may result inthe feeding of a child directly from the breast or the expressing of milkfrom the breast.
C. The employee may bring an action in a general district or circuit courthaving jurisdiction over the employer who allegedly discharged the employeein violation of this section. Any such action shall be brought within 300days from the date of the discharge or, if the employee has filed a complaintwith the Council or a local human rights or human relations agency orcommission within 300 days of the discharge, such action shall be broughtwithin 90 days from the date that the Council or a local human rights orhuman relations agency or commission has rendered a final disposition on thecomplaint. The court may award up to 12 months' back pay with interest at thejudgment rate as provided in § 6.1-330.54. However, if the court finds thateither party engaged in tactics to delay resolution of the complaint, it may(i) diminish the award or (ii) award back pay to the date of judgment withoutregard to the 12-month limitation.
In any case where the employee prevails, the court shall award attorneys'fees from the amount recovered, not to exceed 25 percent of the back payawarded. The court shall not award other damages, compensatory or punitive,nor shall it order reinstatement of the employee.
D. Causes of action based upon the public policies reflected in this articleshall be exclusively limited to those actions, procedures and remedies, ifany, afforded by applicable federal or state civil rights statutes or localordinances. Nothing in this section or § 2.2-3900 shall be deemed to alter,supersede, or otherwise modify the authority of the Council or of any localhuman rights or human relations commissions established pursuant to §15.2-853 or 15.2-965 or subject to the provisions of § 2.2-2638.
(1987, c. 581, § 2.1-725; 1995, c. 838; 1997, c. 404; 2000, c. 933; 2001, c.844; 2002, c. 561; 2005, cc. 756, 770, 857.)
A. Nothing in this article creates, nor shall it be construed to create, anindependent or private cause of action to enforce its provisions, except asspecifically provided in subsections B and C.
B. No employer employing more than five but less than 15 persons shalldischarge any such employee on the basis of race, color, religion, nationalorigin, sex, pregnancy, childbirth or related medical conditions, includinglactation, or of age if the employee is 40 years old or older. For thepurposes of this section, "lactation" means a condition that may result inthe feeding of a child directly from the breast or the expressing of milkfrom the breast.
C. The employee may bring an action in a general district or circuit courthaving jurisdiction over the employer who allegedly discharged the employeein violation of this section. Any such action shall be brought within 300days from the date of the discharge or, if the employee has filed a complaintwith the Council or a local human rights or human relations agency orcommission within 300 days of the discharge, such action shall be broughtwithin 90 days from the date that the Council or a local human rights orhuman relations agency or commission has rendered a final disposition on thecomplaint. The court may award up to 12 months' back pay with interest at thejudgment rate as provided in § 6.1-330.54. However, if the court finds thateither party engaged in tactics to delay resolution of the complaint, it may(i) diminish the award or (ii) award back pay to the date of judgment withoutregard to the 12-month limitation.
In any case where the employee prevails, the court shall award attorneys'fees from the amount recovered, not to exceed 25 percent of the back payawarded. The court shall not award other damages, compensatory or punitive,nor shall it order reinstatement of the employee.
D. Causes of action based upon the public policies reflected in this articleshall be exclusively limited to those actions, procedures and remedies, ifany, afforded by applicable federal or state civil rights statutes or localordinances. Nothing in this section or § 2.2-3900 shall be deemed to alter,supersede, or otherwise modify the authority of the Council or of any localhuman rights or human relations commissions established pursuant to §15.2-853 or 15.2-965 or subject to the provisions of § 2.2-2638.
(1987, c. 581, § 2.1-725; 1995, c. 838; 1997, c. 404; 2000, c. 933; 2001, c.844; 2002, c. 561; 2005, cc. 756, 770, 857.)
