1. Your Legal Rights Are Equal to Those of Most Other Virginia Employees
Generally speaking, the more localized an anti-discrimination law is, the more protections it provides. This isn’t quite the case for workers in Fairfax County. Like many other counties and municipalities surrounding Washington, D.C., Fairfax County has its own anti-discrimination law, codified as the Fairfax County Human Rights Ordinance (HRO). But unlike surrounding localities, such as Arlington County and Alexandria, the Fairfax County HRO’s employment discrimination protections do not extend beyond what federal or Virginia laws already provide. For example, Fairfax County workers subject to discrimination based on their sexual orientation are not a protected class under the Fairfax County HRO.2. Your Coverage Under the Fairfax County HRO Includes Smaller Employers
Although the Fairfax County HRO doesn’t include rights beyond Virginia’s anti-discrimination law (the Virginia Human Rights Act) or most federal anti-discrimination laws, it does apply to more employers. For instance, the Virginia Human Rights Act only applies to employers with at least six employees. Title VII of the Civil Rights Act of 1964 (Title VII), a major federal law protecting workers from employment discrimination, only applies to employers with 15 or more employees. In contrast, the Fairfax County HRO applies to any employer with just four or more employees.3. You Can Go Directly to Court to Sue Your Employer
Usually, employees who want to bring a lawsuit for employment discrimination under Title VII or another federal law must first exhaust their administrative remedies. This process includes filing a complaint (also called a charge) with the appropriate government agency that enforces employment anti-discrimination laws. In most cases, this is the Equal Employment Opportunity Commission (EEOC). Even when an employee knows that the EEOC will be unable to resolve the problem, the employee must still go through the administrative process. Only after it’s complete can the employee file a lawsuit. The Fairfax County HRO has its own administrative process for resolving employment discrimination issues. However, unlike federal law, this administrative process is not mandatory; Fairfax County employees can, if they choose, go directly to court and sue for Fairfax County HRO violations. This direct route typically isn’t the best legal strategy, but in certain situations, it can achieve an employee’s desired results more quickly.4. You Can Get Monetary Damages Without Going to Court
Most employees actually want to avoid court, as it is very unpredictable and slow. But if you’re looking for monetary damages without going to court, the Fairfax County HRO provides this option.
After an employee submits a complaint to the Fairfax Office of Human Rights, the Commission will conduct an investigation and attempt a conciliation process between the employee and employer to resolve the conflict. If that doesn’t work, a public hearing is held in which the Commission can take necessary actions to effectuate the purpose of the Fairfax County HRO. These actions can include making the employer pay damages to the employee.
This isn’t the most common avenue of relief; most employees who are seeking monetary damages will be better off suing in court. But this possibility exists, providing another legal option for employees who have been subject to unlawful discrimination. The more legal options available to you as an employee, the more you can potentially demand in a severance agreement.