Color Discrimination Laws in Virginia: Know the Difference From Race Discrimination

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers from discriminating against employees on the basis of color. Color discrimination is distinct from race discrimination, though they often overlap. Federal law covers private employers with 15 or more employees, federal agencies, and labor unions. The statute explicitly protects against discrimination in hiring, firing, compensation, job terms, conditions, and privileges of employment.

Color discrimination can include adverse treatment based on the lightness or darkness of skin tone, even among people of the same race. The Equal Employment Opportunity Commission (EEOC) enforces Title VII. Remedies available under federal law include back pay, front pay, compensatory damages for emotional distress and harm to reputation, punitive damages (up to $300,000 for large employers), attorney fees, and reinstatement to the employee's position.

Employees must first file a charge with the EEOC. The agency investigates and attempts conciliation. If no resolution is reached, the EEOC may sue or issue a right-to-sue letter allowing the employee to pursue a private lawsuit. Federal courts have recognized that color discrimination is a cognizable claim under Title VII even when race is the same.

Virginia enforces anti-discrimination protections through the Virginia Human Rights Act, Virginia Code § 2.2-3900 et seq., which applies to all state employers regardless of size and covers private employers with six or more employees. This means Virginia's coverage threshold is lower than the federal 15-employee requirement for private employers. The Virginia Human Rights Act explicitly prohibits discrimination based on race, which encompasses color discrimination, in recruitment, hiring, compensation, job assignment, promotion, demotion, disciplinary action, and termination.

Virginia's law is substantially similar to federal Title VII but provides broader coverage to smaller private employers (six employees vs. fifteen federally). The Virginia Department of Civil Rights (DCHR), housed within the Virginia Commission for the Promotion of Diversity and Inclusion, investigates color discrimination complaints for state employers. For private employers, the EEOC maintains jurisdiction over federal claims, but Virginia employees may also pursue state claims.

A key difference is that Virginia's statute of limitations for filing a discrimination charge with the state is 300 days if the state is a deferral state (which it is for EEOC purposes), aligning with federal timelines. Virginia law provides similar remedies to federal law: back pay, front pay, compensatory damages, and attorney fees. Punitive damages are available in Virginia for intentional discrimination. Employees may file simultaneously or separately with federal and state agencies, though typically a single EEOC filing covers both.

Virginia courts have recognized color discrimination as a distinct form of unlawful discrimination. The state's Human Rights Act has been interpreted to provide protections at least as broad as Title VII, and in some instances broader in terms of covered employer size and available remedies. Private employers in Virginia with six or more employees cannot legally discriminate based on color in any aspect of employment.

Color discrimination claims do not apply where the employment decision is based on legitimate, non-discriminatory reasons unrelated to color. Bona fide occupational qualifications (BFOQs) can permit color-based distinctions only in rare, narrowly defined circumstances; courts interpret these extremely restrictively. Employers may defend by showing the employee was treated the same as similarly situated employees of a different color, or that the adverse action resulted from lawful performance, conduct, or policy violations.

Private employers with fewer than six employees in Virginia and fewer than 15 employees nationwide are not covered under Virginia's Human Rights Act or federal Title VII, though other federal laws may still apply. Independent contractors are generally not protected under either statute. Discrimination claims must arise from covered employment decisions (hiring, firing, pay, promotion, working conditions) and cannot be based on isolated, minor slights or subjective workplace disagreements unrelated to color.

At-will employment does not shield employers from discrimination liability; at-will employees retain statutory protections against unlawful discrimination. Union employees covered by collective bargaining agreements may have additional procedural requirements (grievance procedures) but are still protected from color discrimination. Employer defenses include business necessity, seniority systems applied uniformly, and merit-based pay systems, provided these are applied without regard to color. Retaliation against an employee for opposing discrimination or participating in an investigation is also illegal, creating a separate violation if the employee experiences adverse action afterward.

Step 1: Document the Discrimination. Keep detailed records of all incidents involving color-based treatment. Document dates, times, locations, individuals present, what was said or done, and the context. Save emails, messages, performance reviews, and pay stubs. Note comparative treatment of employees of different colors in similar situations. Photograph any physical evidence (posted materials, signage). Request copies of your personnel file from HR. Create a personal timeline of events. Store all documents securely, including copies outside your workplace.

Step 2: Internal Complaint Process. Report the discrimination to your human resources department or management in writing if possible (email is acceptable). Describe the discriminatory conduct and request that it stop. Keep a copy for your records. Ask HR what the company's anti-discrimination policy requires and follow it. Many employers have formal grievance procedures; comply with them while noting that internal resolution is not required before filing an external charge. If your employer has an employee assistance program (EAP), document your concerns there as well. Internal complaints create a contemporaneous record and sometimes prompt corrective action.

Step 3: File with the EEOC. Visit www.eeoc.gov or call 1-800-669-4000 to locate your regional EEOC office. In Virginia, contact the Richmond District Office: 804-771-2692 or visit eeoc.gov/field-office/richmond. You have 300 days from the discriminatory act to file. Submit a written charge form (available online) or call to file over the phone. Include your name, employer's name and address, description of the discriminatory conduct, dates, and names of witnesses. State that you believe discrimination occurred based on color. You do not need an attorney to file. Request a copy of your charge for your records. The EEOC will notify your employer and begin investigation within 180 days.

Step 4: The Investigation Process. After filing, the EEOC will contact you and your employer. Expect an investigator to request documents, interview witnesses, and review employment records. Your employer must provide all relevant materials. You will likely be asked to submit a detailed statement and may be interviewed. The investigation typically takes 180–365 days. The EEOC will issue a Notice of Right to Sue if they find no discrimination, or a determination of discrimination. Even if the EEOC finds no discrimination initially, you may request a right-to-sue letter to file a private lawsuit in federal court. If the EEOC finds discrimination, they may attempt conciliation between you and your employer.

Step 5: Consult an Attorney. If you face retaliation after filing or if your case is complex, contact an employment discrimination attorney immediately. Many offer free consultations. Search for attorneys in Virginia through the State Bar of Virginia (vabar.org) or the National Employment Lawyers Association (nela.org). An attorney can help you understand your options, file in civil court if the EEOC does not resolve the matter, and negotiate settlements. Attorneys typically work on contingency (no upfront fee), with compensation from a settlement or judgment. If you win, the employer must pay your attorney fees. File suit within three years of the discriminatory act (federal statute of limitations) or within the timeframe specified by Virginia state law (generally three years for state Human Rights Act claims).