DUAL FILING
Because the Fairfax County Office of Human Rights and Equity Programs (OHREP) has a work-share agreement with the EEOC, if the allegations contained in your charge are also covered by federal law, which is enforced by the EEOC, OHREP will dual file the charge with EEOC. This action provides you with protection under both the Virginia Human Rights Act (VHRA) and the appropriate federal statute(s). In most cases, OHREP will usually retain the charge for processing. Once your dual-filed case is closed by OHREP, the EEOC will generally adopt our action in a case and automatically issue a Notice of Right to Sue (RTS) letter.
Please Note: If your case is dual-filed with the EEOC, once this case is closed in this office and the EEOC, you will automatically receive a Right to Sue (RTS) letter from the EEOC. The RTS letter will entitle you to file a lawsuit against the respondent within ninety (90) days from the date of the RTS letter in federal court.
Should you choose to file suit in state court under the Virginia Human Rights Act (VHRA) once your case is closed in this office and the EEOC, you must request a Right to Sue Letter (RTS) from the Office of Civil Rights, Office of the Attorney General of Virginia. The RTS letter will entitle you to file a lawsuit in state court. To request a RTS letter, please contact the Office of Civil Rights, Office of the Attorney General of Virginia:
Office of Civil Rights
Office of the Attorney General of Virginia
202 North Ninth Street, Richmond, VA 23219
Phone: (804) 225-2292 Fax: (804) 225-3294
Website: https://www.oag.state.va.us/citizen-resources/civil-rights
NON-DUAL FILED COMPLAINTS*
If your complaint does not qualify to be filed under a federal statute, and you choose to file your complaint with the Office of Human Rights and Equity Programs (OHREP), your complaint will be filed under the Fairfax County Human Rights Ordinance only. Once your case is closed with the Fairfax County Office of Human Rights and Equity Programs (OHREP), you will not receive a Notice of Right to Sue Letter (RTS) and will not be able to file suit in state court, as OHREP does not have authority to issue Notices of Right to Sue.
If you are interested in pursuing legal remedies by filing suit in state court under the Virginia Human Rights Act (VHRA), you must file your complaint directly with the Office of Civil Rights, Office of the Attorney General of Virginia. OHREP does not have a work-share agreement with the Office of Civil Rights, and, as a result, is unable to dual-file your charge with that office. To file your charge with the Office of Civil Rights, you must contact the Office of Civil Rights, Office of the Attorney General of Virginia:
Office of Civil Rights
Office of the Attorney General of Virginia
202 North Ninth Street, Richmond, VA 23219
Phone: (804) 225-2292 Fax: (804) 225-3294
Website: https://www.oag.state.va.us/citizen-resources/civil-rights
*Note: Charges which do not qualify for dual filing include the following:
- Public Accommodations
- Employment (employer employs less than 15 employees, 20 employees for claims of Age discrimination)
- Private Education
Complaint Procedure
Human Rights Specialists will discuss your concerns with you and, if appropriate, assist you in formulating a complaint to sign.
After the initial contact is made with the complainant:
- a complaint form is prepared and signed by the complainant;
- the respondent is notified of the charge;
- a thorough investigation is conducted to determine the facts.
To learn more about the investigation process, please click on the link: Investigations - What You Should Know
File a Complaint
To file a complaint please contact the Office Human Rights and Equity Programs at 703-324-2953, TTY 711 or fill out one of the following Discrimination Questionnaire Forms (Los formularios de quejas estan disponibles en Español):
To file a complaint of discrimination related to your experiences in the receipt or provision of Fairfax County's services, activities, programs or benefits, please use one of the following complaint forms.
- Discrimination in Public Accommodations Complaint Webform
- Fairfax County Government Complaint Procedure under the American with Disabilities Act (Fairfax County Facility)
- File an ADA Complaint with the Department of Justice
Settling the Case
When the investigation is completed, the evidence will be assessed by the Executive Director:
- if there is insufficient evidence to support the claim, the case will be dismissed;
- if the complainant desires he or she may begin the formal appeal process;
- if the evidence supports the claim, the complainant may receive:
- back pay,
- job reinstatement,
- rental of an apartment,
- credit for a loan, or,
- a promotion.