A. An action for injunctive relief or civil damages, or both, shall lie for any person who is subjected to acts of (i) intimidation or harassment, (ii) violence directed against his person, or (iii) vandalism directed against his real or personal property, where such acts are motivated by racial, religious, gender, disability, gender identity, sexual orientation, or ethnic animosity.
§ 8.01-42.1.Civil action for racial, religious, or ethnic harassment, violence or vandalism.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2020 · Last verified July 16, 2026
In one sentenceGives a hate-crime victim a civil remedy — injunctive relief and damages, including punitive damages and, at the court’s discretion, litigation costs and fees — against intimidation, harassment, violence, or vandalism motivated by racial, religious, gender, disability, gender-identity, or ethnic animus, though the remedy does not reach workplace disputes between an employee and employer.
Full Text of § 8.01-42.1
B. Any aggrieved party who initiates and prevails in an action authorized by this section shall be entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the litigation and reasonable attorney fees in an amount to be fixed by the court.
C. The provisions of this section shall not apply to any actions between an employee and his employer, or between or among employees of the same employer, for damages arising out of incidents occurring in the workplace or arising out of the employee-employer relationship.
D. As used in this section:
"Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities.
Plain-English Summary
Subsection A authorizes an action for injunctive relief, civil damages, or both, for anyone subjected to intimidation or harassment, violence directed against the person, or vandalism directed against real or personal property, where the acts are motivated by racial, religious, gender, disability, gender identity, sexual orientation, or ethnic animosity.
Subsection B entitles a party who initiates and prevails in such an action to damages, including punitive damages, and, at the court’s discretion, an award of litigation costs and reasonable attorney fees in an amount the court fixes.
Subsection C withholds the remedy from disputes between an employee and an employer, or among employees of the same employer, over damages arising from workplace incidents or the employment relationship. Subsection D defines “disability” as a physical or mental impairment that substantially limits one or more major life activities.
Frequently Asked Questions
What kinds of conduct does this section cover?
Intimidation or harassment, violence directed against a person, and vandalism directed against real or personal property, where the conduct is motivated by one of the animosities the section lists.
What protected characteristics trigger a claim under this section?
Race, religion, gender, disability, gender identity, sexual orientation, or ethnicity.
Can I recover punitive damages and attorney fees if I win?
Yes. A prevailing party who initiated the action is entitled to damages, including punitive damages, and the court may, in its discretion, award litigation costs and reasonable attorney fees.
Does this section cover harassment between coworkers or by my employer?
No. Subsection C excludes actions between an employee and employer, or among employees of the same employer, for damages arising from workplace incidents or the employment relationship.
How is “disability” defined for purposes of this section?
A physical or mental impairment that substantially limits one or more of a person’s major life activities.
Amendment History
1988, c. 492; 2020, cc. 746, 1171.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia hate crime civil lawsuit8.01-42.1 racial religious ethnic harassmentcivil action vandalism hate motivated virginiapunitive damages hate crime virginia lawva code intimidation harassment violence civil remedy