An employer must have at least six employees before the anti-discrimination protections found under the Virginia Human Rights Act apply. A Virginia employee alleging discrimination under the VA HRA must file a complaint with the Division of Human Rights(DHR) before filing in court.A charge of discrimination is a signed statement asserting that an organization engaged in employment discrimination. Federal and state law prohibit Virginia employers from discriminating against employees based on certain characteristics, such as race or religion. Mirroring U.S. laws at the federal level, the Commonwealth of Virginia prohibits discrimination on the basis of membership in a protected class. Fairfax County, Virginia - Employment discrimination happens in the recruiting or hiring process or in the workplace. What is Discrimination? Title VII Civil Rights Act of 1964.