{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3004.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3004.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3004.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3004.html"}],"law_id":63565,"edition_id":1,"section_id":63565,"structure_id":15162,"section_number":"2.2-3004","catch_line":"Grievances qualifying for a grievance hearing; grievance hearing generally","history":"1995, cc. 770, 818, \u00a7 2.1-116.06; 1996, cc. 164, 869; 2001, c. 844; 2012, cc. 56, 349, 803, 835; 2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc. 477, 478; 2022, c. 799.","full_text":"A\n\nA grievance qualifying for a hearing shall involve a complaint or dispute by an employee relating to the following adverse employment actions in which the employee is personally involved, including (i) formal disciplinary actions, including suspensions, demotions, transfers and assignments, and dismissals resulting from formal discipline or unsatisfactory job performance; (ii) the application of all written personnel policies, procedures, rules and regulations where it can be shown that policy was misapplied or unfairly applied; (iii) discrimination on the basis of race, color, religion, political affiliation, age, disability, national origin, sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity, or military status; (iv) arbitrary or capricious performance evaluations; (v) acts of retaliation as the result of the use of or participation in the grievance procedure or because the employee has complied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement; and (vi) retaliation for exercising any right otherwise protected by law.B\n\nManagement reserves the exclusive right to manage the affairs and operations of state government. Management shall exercise its powers with the highest degree of trust. In any employment matter that management precludes from proceeding to a grievance hearing, management’s response, including any appropriate remedial actions, shall be prompt, complete, and fair.C\n\nComplaints relating solely to the following issues shall not proceed to a hearing: (i) establishment and revision of wages, salaries, position classifications, or general benefits; (ii) work activity accepted by the employee as a condition of employment or which may reasonably be expected to be a part of the job content; (iii) contents of ordinances, statutes or established personnel policies, procedures, and rules and regulations; (iv) methods, means, and personnel by which work activities are to be carried on; (v) termination, layoff, demotion, or suspension from duties because of lack of work, reduction in work force, or job abolition; (vi) hiring, promotion, transfer, assignment, and retention of employees within the agency; and (vii) relief of employees from duties of the agency in emergencies.D\n\nExcept as provided in subsection A of § 2.2-3003, decisions regarding whether a grievance qualifies for a hearing shall be made in writing by the agency head or his designee within five workdays of the employee’s request for a hearing. A copy of the decision shall be sent to the employee. The employee may appeal the denial of a hearing by the agency head to the Director of the Department of Human Resource Management (the Director). Upon receipt of an appeal, the agency shall transmit the entire grievance record to the Department of Human Resource Management within five workdays. The Director shall render a decision on whether the employee is entitled to a hearing upon the grievance record and other probative evidence.E\n\nThe hearing pursuant to § 2.2-3005 shall be held in the locality in which the employee is employed or in any other locality agreed to by the employee, employer, and hearing officer. The employee and the agency may be represented by legal counsel or a lay advocate, the provisions of § 54.1-3904 notwithstanding. The employee and the agency may call witnesses to present testimony and be cross-examined.F\n\nFor the purposes of this section, “religion” includes any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols.","order_by":null,"text":{"0":{"id":231581,"text":"A grievance qualifying for a hearing shall involve a complaint or dispute by an employee relating to the following adverse employment actions in which the employee is personally involved, including (i) formal disciplinary actions, including suspensions, demotions, transfers and assignments, and dismissals resulting from formal discipline or unsatisfactory job performance; (ii) the application of all written personnel policies, procedures, rules and regulations where it can be shown that policy was misapplied or unfairly applied; (iii) discrimination on the basis of race, color, religion, political affiliation, age, disability, national origin, sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity, or military status; (iv) arbitrary or capricious performance evaluations; (v) acts of retaliation as the result of the use of or participation in the grievance procedure or because the employee has complied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement; and (vi) retaliation for exercising any right otherwise protected by law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":231582,"text":"Management reserves the exclusive right to manage the affairs and operations of state government. Management shall exercise its powers with the highest degree of trust. In any employment matter that management precludes from proceeding to a grievance hearing, management’s response, including any appropriate remedial actions, shall be prompt, complete, and fair.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":231583,"text":"Complaints relating solely to the following issues shall not proceed to a hearing: (i) establishment and revision of wages, salaries, position classifications, or general benefits; (ii) work activity accepted by the employee as a condition of employment or which may reasonably be expected to be a part of the job content; (iii) contents of ordinances, statutes or established personnel policies, procedures, and rules and regulations; (iv) methods, means, and personnel by which work activities are to be carried on; (v) termination, layoff, demotion, or suspension from duties because of lack of work, reduction in work force, or job abolition; (vi) hiring, promotion, transfer, assignment, and retention of employees within the agency; and (vii) relief of employees from duties of the agency in emergencies.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":231584,"text":"Except as provided in subsection A of § 2.2-3003, decisions regarding whether a grievance qualifies for a hearing shall be made in writing by the agency head or his designee within five workdays of the employee’s request for a hearing. A copy of the decision shall be sent to the employee. The employee may appeal the denial of a hearing by the agency head to the Director of the Department of Human Resource Management (the Director). Upon receipt of an appeal, the agency shall transmit the entire grievance record to the Department of Human Resource Management within five workdays. The Director shall render a decision on whether the employee is entitled to a hearing upon the grievance record and other probative evidence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":231585,"text":"The hearing pursuant to § 2.2-3005 shall be held in the locality in which the employee is employed or in any other locality agreed to by the employee, employer, and hearing officer. The employee and the agency may be represented by legal counsel or a lay advocate, the provisions of § 54.1-3904 notwithstanding. The employee and the agency may call witnesses to present testimony and be cross-examined.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":231586,"text":"For the purposes of this section, “religion” includes any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15162,"edition_id":1,"name":"State Grievance Procedure","identifier":"30","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:52:37","date_modified":"2026-06-26 03:52:37","permalink":{"id":175951,"object_type":"structure","relational_id":15162,"identifier":"30","token":"2.2\/I\/E\/30","url":"\/2.2\/I\/E\/30\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75224,"structure_id":15162,"section_number":"2.2-3000","catch_line":"Policy of the Commonwealth; responsibilities of state agencies under this chapter","url":"\/2.2-3000\/","token":"2.2\/I\/E\/30\/2.2-3000","metadata":false},{"id":73947,"structure_id":15162,"section_number":"2.2-3001","catch_line":"State employees","url":"\/2.2-3001\/","token":"2.2\/I\/E\/30\/2.2-3001","metadata":false},{"id":64889,"structure_id":15162,"section_number":"2.2-3002","catch_line":"Exemptions from chapter","url":"\/2.2-3002\/","token":"2.2\/I\/E\/30\/2.2-3002","metadata":false},{"id":64099,"structure_id":15162,"section_number":"2.2-3003","catch_line":"Grievance procedure generally","url":"\/2.2-3003\/","token":"2.2\/I\/E\/30\/2.2-3003","metadata":false},{"id":63565,"structure_id":15162,"section_number":"2.2-3004","catch_line":"Grievances qualifying for a grievance hearing; grievance hearing generally","url":"\/2.2-3004\/","token":"2.2\/I\/E\/30\/2.2-3004","metadata":false},{"id":68034,"structure_id":15162,"section_number":"2.2-3005","catch_line":"Hearing officers; duties","url":"\/2.2-3005\/","token":"2.2\/I\/E\/30\/2.2-3005","metadata":false},{"id":57750,"structure_id":15162,"section_number":"2.2-3005.1","catch_line":"Scope of hearing officer's decision; agency cooperation; cost of hearing; decision of hearing officer","url":"\/2.2-3005.1\/","token":"2.2\/I\/E\/30\/2.2-3005.1","metadata":false},{"id":82720,"structure_id":15162,"section_number":"2.2-3006","catch_line":"Review of hearing decisions; costs","url":"\/2.2-3006\/","token":"2.2\/I\/E\/30\/2.2-3006","metadata":false},{"id":60498,"structure_id":15162,"section_number":"2.2-3007","catch_line":"Certain employees of the Departments of Corrections and Juvenile Justice","url":"\/2.2-3007\/","token":"2.2\/I\/E\/30\/2.2-3007","metadata":false},{"id":67858,"structure_id":15162,"section_number":"2.2-3008","catch_line":"Employees of local constitutional officers","url":"\/2.2-3008\/","token":"2.2\/I\/E\/30\/2.2-3008","metadata":false}],"previous_section":{"id":64099,"structure_id":15162,"section_number":"2.2-3003","catch_line":"Grievance procedure generally","url":"\/2.2-3003\/","token":"2.2\/I\/E\/30\/2.2-3003","metadata":false},"next_section":{"id":68034,"structure_id":15162,"section_number":"2.2-3005","catch_line":"Hearing officers; duties","url":"\/2.2-3005\/","token":"2.2\/I\/E\/30\/2.2-3005","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3004\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapters 770<\/a> and 818<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapters 164<\/a> and 869<\/a>; in 2001, chapter 844<\/a>; in 2012, chapters 56<\/a>, 349<\/a>, 803<\/a>, and 835<\/a>; in 2020, chapters 1137<\/a> and 1140<\/a>; in 2022, chapter 799<\/a>.<\/p>","references":[{"id":64099,"section_number":"2.2-3003","catch_line":"Grievance procedure generally","order_by":null,"url":"\/2.2-3003\/"}],"refers_to":[{"id":64099,"section_number":"2.2-3003","catch_line":"Grievance procedure generally","order_by":null,"url":"\/2.2-3003\/"},{"id":68034,"section_number":"2.2-3005","catch_line":"Hearing officers; duties","order_by":null,"url":"\/2.2-3005\/"},{"id":81050,"section_number":"54.1-3904","catch_line":"Penalty for practicing without authority","order_by":null,"url":"\/54.1-3904\/"}],"permalink":{"id":175969,"object_type":"law","relational_id":63565,"identifier":"2.2-3004","token":"2.2\/I\/E\/30\/2.2-3004","url":"\/2.2-3004\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3004\/","token":"2.2\/I\/E\/30\/2.2-3004","dublin_core":{"Title":"Grievances qualifying for a grievance hearing; grievance hearing generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3004","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A grievance qualifying for a hearing<\/span> shall involve a complaint or dispute by an employee relating to the following adverse employment actions in which the employee is personally involved, including (i) formal disciplinary actions, including suspensions, demotions, transfers and assignments, and dismissals<\/span> resulting from formal discipline or unsatisfactory job performance; (ii) the application of all written personnel policies, procedures, rules and regulations where it can be shown that policy was misapplied or unfairly applied; (iii) discrimination on the basis of race, color, religion<\/span>, political affiliation, age, disability, national origin, sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity, or military status; (iv) arbitrary or capricious performance evaluations; (v) acts of retaliation as the result of the use of or participation in the grievance procedure or because the employee has complied with any law<\/span> of the United States or of the Commonwealth, has reported any violation of such law<\/span> to a governmental authority, has sought any change in law<\/span> before the Congress of the United States or the General Assembly, or has reported an incidence of fraud<\/span>, abuse, or gross mismanagement; and (vi) retaliation for exercising any right otherwise protected by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Management reserves the exclusive right to manage the affairs and operations of state government. Management shall exercise its powers with the highest degree of trust. In any employment matter that management precludes from proceeding to a grievance hearing<\/span>, management’s response, including any appropriate remedial actions, shall be prompt, complete, and fair. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Complaints relating solely to the following issues<\/span> shall not proceed to a hearing<\/span>: (i) establishment and revision of wages, salaries, position classifications, or general benefits; (ii) work activity accepted by the employee as a condition of employment or which may reasonably be expected to be a part of the job content; (iii) contents of ordinances<\/span>, statutes<\/span> or established personnel policies, procedures, and rules and regulations; (iv) methods, means, and personnel by which work activities are to be carried on; (v) termination, layoff, demotion, or suspension from duties because of lack of work, reduction in work force, or job abolition; (vi) hiring, promotion, transfer, assignment, and retention of employees within the agency; and (vii) relief of employees from duties of the agency in emergencies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as provided in subsection A of § 2.2-3003<\/a>, decisions regarding whether a grievance qualifies for a hearing<\/span> shall be made in writing by the agency head or his designee within five workdays of the employee’s request for a hearing<\/span>. A copy of the decision shall be sent to the employee. The employee may appeal<\/span> the denial of a hearing<\/span> by the agency head to the Director of the Department of Human Resource Management (the Director). Upon receipt of an appeal<\/span>, the agency shall transmit the entire grievance record to the Department of Human Resource Management within five workdays. The Director shall render a decision on whether the employee is entitled to a hearing<\/span> upon the grievance record and other probative evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The hearing<\/span> pursuant to § 2.2-3005<\/a> shall be held in the locality in which the employee is employed or in any other locality agreed to by the employee, employer, and hearing<\/span> officer. The employee and the agency may be represented by legal counsel<\/span> or a lay advocate, the provisions of § 54.1-3904<\/a> notwithstanding. The employee and the agency may call witnesses to present testimony<\/span> and be cross-examined. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For the purposes of this section, “religion<\/span>” includes any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGRIEVANCES QUALIFYING FOR A GRIEVANCE HEARING; GRIEVANCE HEARING GENERALLY (\u00a7\n2.2-3004)\n\nA. A grievance qualifying for a hearing shall involve a complaint or dispute by\nan employee relating to the following adverse employment actions in which the\nemployee is personally involved, including (i) formal disciplinary actions,\nincluding suspensions, demotions, transfers and assignments, and dismissals\nresulting from formal discipline or unsatisfactory job performance; (ii) the\napplication of all written personnel policies, procedures, rules and regulations\nwhere it can be shown that policy was misapplied or unfairly applied; (iii)\ndiscrimination on the basis of race, color, religion, political affiliation,\nage, disability, national origin, sex, pregnancy, childbirth or related medical\nconditions, marital status, sexual orientation, gender identity, or military\nstatus; (iv) arbitrary or capricious performance evaluations; (v) acts of\nretaliation as the result of the use of or participation in the grievance\nprocedure or because the employee has complied with any law of the United States\nor of the Commonwealth, has reported any violation of such law to a governmental\nauthority, has sought any change in law before the Congress of the United States\nor the General Assembly, or has reported an incidence of fraud, abuse, or gross\nmismanagement; and (vi) retaliation for exercising any right otherwise protected\nby law.\n\nB. Management reserves the exclusive right to manage the affairs and operations\nof state government. Management shall exercise its powers with the highest\ndegree of trust. In any employment matter that management precludes from\nproceeding to a grievance hearing, management’s response, including any\nappropriate remedial actions, shall be prompt, complete, and fair.\n\nC. Complaints relating solely to the following issues shall not proceed to a\nhearing: (i) establishment and revision of wages, salaries, position\nclassifications, or general benefits; (ii) work activity accepted by the\nemployee as a condition of employment or which may reasonably be expected to be\na part of the job content; (iii) contents of ordinances, statutes or established\npersonnel policies, procedures, and rules and regulations; (iv) methods, means,\nand personnel by which work activities are to be carried on; (v) termination,\nlayoff, demotion, or suspension from duties because of lack of work, reduction\nin work force, or job abolition; (vi) hiring, promotion, transfer, assignment,\nand retention of employees within the agency; and (vii) relief of employees from\nduties of the agency in emergencies.\n\nD. Except as provided in subsection A of § 2.2-3003, decisions regarding\nwhether a grievance qualifies for a hearing shall be made in writing by the\nagency head or his designee within five workdays of the employee’s request\nfor a hearing. A copy of the decision shall be sent to the employee. The\nemployee may appeal the denial of a hearing by the agency head to the Director\nof the Department of Human Resource Management (the Director). Upon receipt of\nan appeal, the agency shall transmit the entire grievance record to the\nDepartment of Human Resource Management within five workdays. The Director shall\nrender a decision on whether the employee is entitled to a hearing upon the\ngrievance record and other probative evidence.\n\nE. The hearing pursuant to § 2.2-3005 shall be held in the locality in\nwhich the employee is employed or in any other locality agreed to by the\nemployee, employer, and hearing officer. The employee and the agency may be\nrepresented by legal counsel or a lay advocate, the provisions of §\n54.1-3904 notwithstanding. The employee and the agency may call witnesses to\npresent testimony and be cross-examined.\n\nF. For the purposes of this section, “religion” includes any outward\nexpression of religious faith, including adherence to religious dressing and\ngrooming practices and the carrying or display of religious items or symbols.\n\nHISTORY: 1995, cc. 770, 818, \u00a7 2.1-116.06; 1996, cc. 164, 869; 2001, c. 844;\n2012, cc. 56, 349, 803, 835; 2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc. 477,\n478; 2022, c. 799.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}