Mitchem v. Counts

Present: All the Justices FROM THE CIRCUIT COURT OF ALLEGHANY COUNTY Duncan M. Byrd, Jr., Judge In this appeal, we consider two issues: 1) whether Code § 2.1-725(D) of the Virginia Human Rights Act (VHRA), Code §§ 2.1-714 through 725, bars a common law action for wrongful termination of employment based on a violation of public policy not reflected in the VHRA, when the conduct alleged also violates a public policy reflected in the VHRA; and 2) whether a violation of the public policies embodied in two criminal statutes may support such a common law action. Vicki Lynn Mitchem filed a motion for judgment against her former employer Durwood L. Counts, 1 alleging that he had wrongfully discharged her from her position as an insurance marketing representative after she refused to engage in a sexual relationship with him. Mitchem asserted that Counts repeatedly tried to persuade her to have a ""sexual affair"" with him and promised in return that she would receive money and ""a lot of nice things.""