1VAC45-20-98: Notice of right to sue

A. If a charging party requests a notice of right to sue in accordance with § 2.2-3907 H of the Code of Virginia, the division will immediately cease the investigation, dismiss the charge of discrimination, and issue a notice of right to sue to the charging party. If the matter falls under the jurisdiction of a federal law, the division will promptly notify the appropriate federal agency of the charging party's request for withdrawal and issuance of a notice of right to sue.

B. When the division completes its investigation and issues its final determination, the division will issue a notice of right to sue to the charging party once the matter is dismissed.

C. The charging party will have 90 days from the date the division issues its notice of right to sue to file a civil action in the appropriate state court to enforce their rights under the Act.