SB 866

            
2020 SESSION


20107047D

SENATE BILL NO. 866

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on General Laws and Technology

on February 5, 2020)

(Patron Prior to Substitute--Senator Favola)

A BILL to amend the Code of Virginia by adding in Chapter 39
of Title 2.2 a section numbered 2.2-3904, relating to the Virginia Human Rights
Act; discrimination on the basis of pregnancy, childbirth, or related medical
conditions.

Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding in Chapter
39 of Title 2.2 a section numbered 2.2-3904 as follows: 

� 2.2-3904. Unlawful discrimination in employment on the
basis of pregnancy, childbirth, or related medical conditions; civil action by
private parties.

A. As used in this section:

"Lactation" means a condition that may result in
the feeding of a child directly from the breast or the expressing of milk from
the breast.

"Unlawful discrimination on the basis of pregnancy,
childbirth, or related medical conditions" includes discrimination against
a person because such person may become pregnant or has been pregnant.

B. No employer employing more than five but fewer than 15
persons shall unlawfully discriminate against or discharge any such person on
the basis of pregnancy, childbirth, or related medical conditions, including
lactation.

C. An aggrieved person may commence a civil action in an
appropriate general district or circuit court having jurisdiction over the
person who allegedly unlawfully discriminated against such person in violation
of this chapter. Any such action shall be brought within 300 days from the date
of the unlawful discrimination, or, if the employee has filed a complaint with
the Division of Human Rights of the Department of Law or a local human rights
or human relations agency or commission within 300 days of the unlawful
discrimination, such action shall be brought within 90 days from the date that
the Division or a local human rights or human relations agency or commission
has rendered a final disposition on the complaint. 

D. If the court or jury finds that unlawful discrimination
has occurred, the court or jury may award to the plaintiff, as the prevailing
party, compensatory and punitive damages, without limitation otherwise imposed
by law, and the court may award reasonable attorney fees and costs and may
grant as relief any permanent or temporary injunction, temporary restraining
order, or other order, including an order enjoining the defendant from engaging
in such practice, or order such affirmative action as may be appropriate.

E. Causes of action based upon the public policies
reflected in this chapter shall be exclusively limited to those actions,
procedures, and remedies, if any, afforded by applicable federal or state civil
rights statutes or local ordinances. Nothing in this section or � 2.2-3900
shall be deemed to alter, supersede, or otherwise modify the authority of the
Division or of any local human rights or human relations commissions
established pursuant to � 15.2-853 or 15.2-965.