The Virginia Human Rights Act expanded its workplace protections on July 1, 2026, now covering many employees previously left unprotected. The updates to the VHRA — including adjusted criteria for an employer to be subject to the law and an extended deadline to file a claim — is a game changer, especially for employees experiencing age discrimination. They now have less hoops to jump through to be able to seek justice.
But what are the warning signs for age discrimination in the workplace?
This article by
TELG principal & general counsel Nicholas Woodfield and TELG associate Alexa Calomiris was published by The Employment Law Group, P.C. on July 7, 2026.
A New Day for Older Workers: Virginia’s Expanded Age Discrimination Protections
By Nicholas Woodfield and Alexa Calomiris
IMPORTANT: The following article is intended as a general summary of facts and law and not as individual legal advice upon which you should rely or act. Every case is unique and specific. This article represents our firm’s best knowledge as of July 2026.
The Virginia Human Rights Act’s age discrimination protections originally passed into law with a strange flaw — it applied to employers with more than five but fewer than 20 employees. This meant that larger companies couldn’t be sued for age discrimination under Virginia’s workplace bias laws.
That unusual size limitation, however, changed on July 1, 2026, when the law governing workplace discrimination — the Virginia Human Rights Act (VHRA) — was amended to apply to all employers with five or more employees, striking the restriction that caused it not to apply to employers with 20 or more employees.
Employees who watched younger colleagues get promoted past them or heard one too many comments about “fresh ideas” and “new blood” now have the means to hold their employers accountable under Virginia law.
What is the Virginia Human Rights Act?
The VHRA is a Virginia state statute that prohibits employment discrimination based on protected traits, including age, race, color, religion, national origin, sex, pregnancy and related medical conditions, marital status, sexual orientation, gender identity, disability, and military status.
Employees are able to sue their employers for discrimination and for retaliation if the employee experienced an adverse employment action (such as termination or demotion) for opposing a discriminatory practice or participating in an investigation, proceeding, or hearing related to a discrimination complaint.
A successful VHRA claim can result in awards for economic damages, compensatory damages, punitive damages, and attorney fees and costs.
To qualify for protection under the VHRA, however, an employee must have a protected trait. For age discrimination claims, they must be at least 40 years old. Their employer must also have at least five employees.
The VHRA was significantly expanded in 2020 with the Virginia Values Act, but prior to July of 2026, it excluded a large swath of employees from its protections based on their employer’s size. In most cases, an employer had to have at least 15 employees to be held accountable under the VHRA.
There was an exception if an employee wanted to pursue a claim that they were terminated due to age discrimination. In that case, the threshold to allow for a lawsuit was lowered to just more than five employees, but it was oddly capped at less than 20 employees.
New VHRA Amendments Impact on Age Discrimination Protections
The VHRA amendments that went into effect on July 1 evened out — and lowered — the employee threshold across the board. Now, any employer that has five or more employees is subject to the VHRA.
Previously, claims for an age-related termination could only be brought against small businesses, and other discriminations claims — which were not exempt from the usual VHRA threshold — could generally only be brought against larger employers.
This new employee threshold means more businesses, including large businesses, can be held accountable.
The amendments also extended the deadline to file a claim from 300 days to two years, which can be helpful in cases where employer age discrimination or retaliation is not immediately apparent.
Signs of Age Discrimination
Age bias can be subtle. Employers rarely admit that an employee’s age played a role in a workplace decision. Instead, employees may notice patterns of comments, treatment, or decisions that suggest age discrimination.
Some common warning signs include:
Age-Related Comments
Comments about an employee’s age, energy level, or ability to adapt can be evidence of age bias. Examples include:
- “We need new blood.”
- “We’re looking for fresh ideas.”
- “You are a dinosaur.”
- “Can you keep up with the pace?”
- “You should step down and enjoy your golden years.”
- “We need someone with a ‘digital native’ mindset.”
- “You should let the younger staff handle the new technology.”
- “When are you finally going to retire?”
Sudden Criticism of Your Performance
A strong performer who suddenly receives negative reviews after reaching a certain age may have reason to question the change. This can include increased scrutiny, unfair criticism, lower performance ratings, or claims that they can no longer meet expectations despite a history of good performance.
Reduced Responsibilities or Pressure to Leave
An employer with age bias may attempt to push an older employee out. This can sometimes look subtle with actions such as reassigning an older employee to less desirable work or taking away important responsibilities or direct reports. It can also look like their employer pressuring them to transfer or resign.
Repeated Questions About Retirement Plans
Occasional conversations about future plans may not indicate discrimination. However, repeated pressure about retirement, transition planning behind the employee’s back, or assumptions that they are ready to leave because of their age may be warning signs.
Layoffs That Disproportionately Affect Older Workers
A reduction in force may raise concerns when workers aged 40 or older are disproportionately selected for termination while younger employees remain.
Being Replaced by a Younger Worker
Replacing an older employee with a significantly younger worker — particularly after age-related comments or other concerning conduct — may support a claim of age discrimination.
Examples of Age Discrimination
Scenario No. 1
Patricia, a tenured professor with stellar performance, overheard her colleagues in the break room making fun of her for not using artificial intelligence (AI) when grading papers and suggesting that she should “let the younger staff handle the new technology.”
She mentioned the comments to her supervisor, who dismissed it and questioned whether Patricia could “keep up with the pace” of her colleagues.
Patricia started using AI but noticed it was not providing enough feedback to students on grading decisions. She politely informed her colleagues that she preferred grading papers herself and was called a “dinosaur.”
Scenario No. 2
Julia has been the top performer on her team for 18 years, consistently receiving glowing reviews. Then, a few months after her 60th birthday, her manager began commenting on how she should “let the younger staff handle the new software” and joked that it might be time for her to “enjoy her golden years.”
Her once-favorable performance reviews began to reflect problems no one had mentioned before.
Then came the announcement: a company-wide reduction in force, framed as a routine cost-cutting measure. When the list came out, every employee let go was older than 50. Six weeks later, the company posted job openings for two of the eliminated positions. The jobs were filled by employees in their late 20s.
Scenario No. 3
Marcus spent over a decade building his department’s client relationships and training newer staff. He began noticing when he was 58 that meetings he used to lead were being handled by someone else. His manager reassigned his key accounts to a younger colleague, citing “a need for fresh energy.”
Marcus was moved into a role with far less responsibility. He later learned that leadership had been quietly developing a transition plan for his position months earlier without discussing it with him.
When Marcus raised concerns, he was told the company was simply “modernizing.” He was let go within a year, replaced by an employee who was 20 years younger.
New Day for Age Discrimination Protections in Virginia
The Virginia legislature has taken a huge step when it comes to workplace age-discrimination protection.
Age bias is often based on the mistaken assumption that older employees are less adaptable or less capable of contributing to a rapidly changing workplace. However, years of professional experience can be a valuable asset — even as employers increasingly rely on AI, automation, and outsourcing.
Technology can improve efficiency, but it’s not a replacement for human judgment and expertise developed over years in a profession. In fact, experienced employees may be especially well-positioned to spot when new technology makes a mistake.
If you have experienced age discrimination while working in Virginia, contact The Employment Law Group to discuss your options.
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Nicholas Woodfield is a principal and general counsel at The Employment Law Group, P.C.; Alexa Calomiris is an associate at the firm.
