40.1-51.2:2 - Remedy for discrimination
§ 40.1-51.2:2. Remedy for discrimination.
A. Any employee who believes that he or she has been discharged or otherwisediscriminated against by any person in violation of § 40.1-51.2:1 may, within60 days after such violation occurs, file a complaint with the Commissioneralleging such discharge or discrimination. The employee shall be prohibitedfrom seeking relief under this section if he fails to file such complaintwithin the 60-day time period. Upon receipt of such complaint, theCommissioner shall cause such investigation to be made as he deemsappropriate. If, upon such investigation, he determines that the provisionsof § 40.1-51.2:1 have been violated, he shall attempt by conciliation to havethe violation abated without economic loss to the employee. In the event avoluntary agreement cannot be obtained, the Commissioner shall bring anaction in a circuit court having jurisdiction over the person charged withthe violation. The court shall have jurisdiction, for cause shown, torestrain violations and order appropriate relief, including rehiring orreinstatement of the employee to his former position with back pay plusinterest at a rate not to exceed eight percent per annum.
B. Should the Commissioner, based on the results of his investigation of thecomplaint, refuse to issue a charge against the person that allegedlydiscriminated against the employee, the employee may bring action in acircuit court having jurisdiction over the person allegedly discriminatingagainst the employee, for appropriate relief.
(1979, c. 354; 2001, c. 332; 2005, cc. 743, 789.)