Virginia is a "deferral state" for Title VII
purposes, meaning that it has a state law prohibiting discriminatory employment
practices and has a state or local agency (e.g., the Virginia Council on
Human Rights) authorized to grant relief from such practices. To allege
discriminatory employment practices in deferral states like Virginia, prior to filing
any lawsuit, an aggrieved employee must exhaust administrative remedies by initiating an
EEOC charge within 300 days. Otherwise, the claim will be forever barred.
(See 42 U.S.C. § 2000e-5(e)(1)). In a case decided recently by Judge Spencer of
the Eastern District of Virginia, a plaintiff found this out the hard way.
In McKelvy v. Capital One Services, LLC, the plaintiff was an
African-American Director of IT services, over 40 years of age. After obtaining
letter from the EEOC, he sued Capital One, claiming that the removal of his
supervisory responsibilities and the failure to promote him was based on his
race or his age, and thus violated Title VII's prohibitions against unlawful
discrimination in employment. Finding that the alleged discrimination took
place more than 300 days before the plaintiff filed his EEOC charge, the court
granted summary judgment in Capital One's favor and dismissed the
plaintiff's claims with prejudice.
Read the rest of the article at the Virginia
Business Litigation Lawyer blog