Administrative Code

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Virginia Administrative Code
Title 1. Administration
Agency 45. Department of Law
Chapter 20. Regulations Regarding the Virginia Human Rights Act

1VAC45-20-85. Withdrawal of a charge.

A. A person claiming to be aggrieved by a violation of the Act may withdraw a charge of discrimination only with the consent of the division. The director or the director's designee may grant consent to a request to withdraw a charge of discrimination, other than a charge of discrimination initiated by the division, where the withdrawal of the charge of discrimination will not defeat the purposes of the Act.

B. A request for the withdrawal of a charge of discrimination shall be made in writing and shall be signed by the person claiming to be aggrieved by the alleged unlawful discriminatory employment practice. The director or the director's designee shall likewise sign and date the request for withdrawal of the charge of discrimination upon granting their consent.

C. If the request for a withdrawal of the charges of discrimination includes a request for the division to issue a notice of right to sue, the division will issue such notice in accordance with the provisions of 1VAC45-20-87.

D. Upon the granting of the aggrieved person's request to withdraw that person's charge of discrimination, the division will cease its investigation and dismiss the charge of discrimination.

Statutory Authority

§ 2.2-520 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 3, eff. October 28, 2020.

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