Are employers allowed to terminate employees for filing a charge of discrimination with the EEOC?
In Virginia, employers are generally prohibited from terminating an employee for filing a charge of discrimination with the EEOC (Equal Employment Opportunity Commission). This is prohibited by federal and state anti-discrimination laws, which state that employers cannot retaliate against employees for engaging in activities that are related to the enforcement of anti-discrimination or anti-harassment laws. In other words, employers may not fire employees simply because they have made a discrimination complaint with the EEOC. If an employer does fire an employee for this reason, they may be subject to legal action for violation of federal and state laws. Employers may, however, terminate an employee if the employee filed the charge in bad faith or if their conduct was not protected by the anti-discrimination laws. This could include engaging in illegal activities or filing the charge for the purpose of revenge or harassment. Employees who believe they have been wrongfully terminated for filing a charge of discrimination should contact the EEOC or an experienced employment discrimination attorney. These legal professionals can review the facts of the case and determine whether the employee is protected from retaliation. They can also provide guidance on how to best pursue a legal remedy for the wrongful termination.
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