{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3011.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3011.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3011.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3011.html"}],"law_id":70864,"edition_id":1,"section_id":70864,"structure_id":14715,"section_number":"2.2-3011","catch_line":"Discrimination and retaliatory actions against whistle blowers prohibited; good faith required; remedies","history":"2009, c. 340; 2014, cc. 335, 403.","full_text":"A\n\nNo employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower whether acting on his own or through a person acting on his behalf or under his direction.B\n\nNo employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower, in whole or in part, because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action.C\n\nTo be protected by the provisions of this chapter, an employee who discloses information about suspected wrongdoing or abuse shall do so in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or the employee knew or should have known were false, confidential by law, or malicious shall not be deemed good faith reports and shall not be protected.D\n\nIn addition to the remedies provided in § 2.2-3012, any whistle blower may bring a civil action for violation of this section in the circuit court of the jurisdiction where the whistle blower is employed. In a proceeding commenced against any employer under this section, the court, if it finds that a violation was willfully and knowingly made, may impose upon such employer that is a party to the action, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than $2,500, which amount shall be paid into the Fraud and Abuse Whistle Blower Reward Fund. The court may also order appropriate remedies, including (i) reinstatement to the same position or, if the position is filled, to an equivalent position; (ii) back pay; (iii) full reinstatement of fringe benefits and seniority rights; or (iv) any combination of these remedies. The whistle blower may be entitled to recover reasonable attorney fees and costs. No action brought under this subsection shall be brought more than three years after the date the unlawful discharge, discrimination, or retaliation occurs. Any whistle blower proceeding under this subsection shall not be required to exhaust existing internal procedures or other administrative remedies.E\n\nNothing in this chapter shall prohibit an employer from disciplining or discharging a whistle blower for his misconduct or any violation of criminal law.F\n\nNo court shall have jurisdiction over an action brought under § 8.01-216.5 based on information discovered by a present or former employee of the Commonwealth during the course of his employment unless that employee first, in good faith, has exhausted existing internal procedures for reporting and seeking recovery of the falsely claimed sums through official channels and unless the Commonwealth failed to act on the information provided within a reasonable period of time.","order_by":null,"text":{"0":{"id":255535,"text":"No employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower whether acting on his own or through a person acting on his behalf or under his direction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255536,"text":"No employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower, in whole or in part, because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":255537,"text":"To be protected by the provisions of this chapter, an employee who discloses information about suspected wrongdoing or abuse shall do so in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or the employee knew or should have known were false, confidential by law, or malicious shall not be deemed good faith reports and shall not be protected.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":255538,"text":"In addition to the remedies provided in § 2.2-3012, any whistle blower may bring a civil action for violation of this section in the circuit court of the jurisdiction where the whistle blower is employed. In a proceeding commenced against any employer under this section, the court, if it finds that a violation was willfully and knowingly made, may impose upon such employer that is a party to the action, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than $2,500, which amount shall be paid into the Fraud and Abuse Whistle Blower Reward Fund. The court may also order appropriate remedies, including (i) reinstatement to the same position or, if the position is filled, to an equivalent position; (ii) back pay; (iii) full reinstatement of fringe benefits and seniority rights; or (iv) any combination of these remedies. The whistle blower may be entitled to recover reasonable attorney fees and costs. No action brought under this subsection shall be brought more than three years after the date the unlawful discharge, discrimination, or retaliation occurs. Any whistle blower proceeding under this subsection shall not be required to exhaust existing internal procedures or other administrative remedies.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":255539,"text":"Nothing in this chapter shall prohibit an employer from disciplining or discharging a whistle blower for his misconduct or any violation of criminal law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":255540,"text":"No court shall have jurisdiction over an action brought under § 8.01-216.5 based on information discovered by a present or former employee of the Commonwealth during the course of his employment unless that employee first, in good faith, has exhausted existing internal procedures for reporting and seeking recovery of the falsely claimed sums through official channels and unless the Commonwealth failed to act on the information provided within a reasonable period of time.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14715,"edition_id":1,"name":"The Fraud and Abuse Whistle Blower Protection Act","identifier":"30.1","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:49:29","date_modified":"2026-06-26 03:49:29","permalink":{"id":175993,"object_type":"structure","relational_id":14715,"identifier":"30.1","token":"2.2\/I\/E\/30.1","url":"\/2.2\/I\/E\/30.1\/","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":70276,"structure_id":14715,"section_number":"2.2-3009","catch_line":"Policy","url":"\/2.2-3009\/","token":"2.2\/I\/E\/30.1\/2.2-3009","metadata":false},{"id":82218,"structure_id":14715,"section_number":"2.2-3010","catch_line":"Definitions","url":"\/2.2-3010\/","token":"2.2\/I\/E\/30.1\/2.2-3010","metadata":false},{"id":80232,"structure_id":14715,"section_number":"2.2-3010.1","catch_line":"Discrimination and retaliatory actions against citizen whistle blowers prohibited; good faith required; other remedies","url":"\/2.2-3010.1\/","token":"2.2\/I\/E\/30.1\/2.2-3010.1","metadata":false},{"id":70864,"structure_id":14715,"section_number":"2.2-3011","catch_line":"Discrimination and retaliatory actions against whistle blowers prohibited; good faith required; remedies","url":"\/2.2-3011\/","token":"2.2\/I\/E\/30.1\/2.2-3011","metadata":false},{"id":69265,"structure_id":14715,"section_number":"2.2-3012","catch_line":"Application of state or local grievance procedure; other remedies","url":"\/2.2-3012\/","token":"2.2\/I\/E\/30.1\/2.2-3012","metadata":false},{"id":56388,"structure_id":14715,"section_number":"2.2-3013","catch_line":"Notice to employees of whistle blower protection","url":"\/2.2-3013\/","token":"2.2\/I\/E\/30.1\/2.2-3013","metadata":false},{"id":66245,"structure_id":14715,"section_number":"2.2-3014","catch_line":"Fraud and Abuse Whistle Blower Reward Fund","url":"\/2.2-3014\/","token":"2.2\/I\/E\/30.1\/2.2-3014","metadata":false}],"previous_section":{"id":80232,"structure_id":14715,"section_number":"2.2-3010.1","catch_line":"Discrimination and retaliatory actions against citizen whistle blowers prohibited; good faith required; other remedies","url":"\/2.2-3010.1\/","token":"2.2\/I\/E\/30.1\/2.2-3010.1","metadata":false},"next_section":{"id":69265,"structure_id":14715,"section_number":"2.2-3012","catch_line":"Application of state or local grievance procedure; other remedies","url":"\/2.2-3012\/","token":"2.2\/I\/E\/30.1\/2.2-3012","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3011\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 340<\/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 1 time. 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. That modification is as follows: in 2014, chapters 335<\/a> and 403<\/a>.<\/p>","references":[{"id":80232,"section_number":"2.2-3010.1","catch_line":"Discrimination and retaliatory actions against citizen whistle blowers prohibited; good faith required; other remedies","order_by":null,"url":"\/2.2-3010.1\/"},{"id":69265,"section_number":"2.2-3012","catch_line":"Application of state or local grievance procedure; other remedies","order_by":null,"url":"\/2.2-3012\/"}],"refers_to":[{"id":69265,"section_number":"2.2-3012","catch_line":"Application of state or local grievance procedure; other remedies","order_by":null,"url":"\/2.2-3012\/"},{"id":55916,"section_number":"8.01-216.5","catch_line":"Civil actions filed by private persons; Commonwealth may intervene","order_by":null,"url":"\/8.01-216.5\/"}],"permalink":{"id":176007,"object_type":"law","relational_id":70864,"identifier":"2.2-3011","token":"2.2\/I\/E\/30.1\/2.2-3011","url":"\/2.2-3011\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3011\/","token":"2.2\/I\/E\/30.1\/2.2-3011","dublin_core":{"Title":"Discrimination and retaliatory actions against whistle blowers prohibited; good faith required; remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3011","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No employer<\/span> may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower<\/span> whether acting on his own or through a person acting on his behalf or under his direction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No employer<\/span> may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower<\/span>, in whole or in part, because the whistle blower<\/span> is requested or subpoenaed by an appropriate authority<\/span> to participate in an investigation, hearing<\/span>, or inquiry by an appropriate authority<\/span> or in a court<\/span> action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> To be protected by the provisions of this chapter, an employee<\/span> who discloses information about suspected wrongdoing<\/span> or abuse<\/span> shall do so in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or the employee<\/span> knew or should have known were false, confidential by law<\/span>, or malicious<\/span> shall not be deemed good faith reports<\/span> and shall not be protected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In addition to the remedies provided in § 2.2-3012<\/a>, any whistle blower<\/span> may bring a civil action<\/span> for violation of this section in the circuit<\/span> court<\/span> of the jurisdiction<\/span> where the whistle blower<\/span> is employed. In a proceeding commenced against any employer<\/span> under this section, the court<\/span>, if it finds that a violation was willfully and knowingly made, may impose upon such employer<\/span> that is a party<\/span> to the action, whether a writ of mandamus<\/span> or injunctive relief is awarded or not, a civil penalty<\/span> of not less than $500 nor more than $2,500, which amount shall be paid into the Fraud<\/span> and Abuse<\/span> Whistle Blower<\/span> Reward Fund. The court<\/span> may also order<\/span> appropriate remedies, including (i) reinstatement to the same position or, if the position is filled, to an equivalent position; (ii) back pay; (iii) full reinstatement of fringe benefits and seniority rights; or (iv) any combination of these remedies. The whistle blower<\/span> may be entitled to recover reasonable attorney fees and costs. No action brought under this subsection shall be brought more than three years after the date the unlawful discharge, discrimination, or retaliation occurs. Any whistle blower<\/span> proceeding under this subsection shall not be required to exhaust existing internal procedures or other administrative remedies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this chapter shall prohibit an employer<\/span> from disciplining or discharging a whistle blower<\/span> for his misconduct<\/span> or any violation of criminal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No court<\/span> shall have jurisdiction<\/span> over an action brought under § 8.01-216.5<\/a> based on information discovered by a present or former employee<\/span> of the Commonwealth during the course of his employment unless that employee<\/span> first, in good faith, has exhausted existing internal procedures for reporting and seeking recovery of the falsely claimed sums through official channels and unless the Commonwealth failed to act on the information provided within a reasonable period of time. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCRIMINATION AND RETALIATORY ACTIONS AGAINST WHISTLE BLOWERS PROHIBITED; GOOD\nFAITH REQUIRED; REMEDIES (\u00a7 2.2-3011)\n\nA. No employer may discharge, threaten, or otherwise discriminate or retaliate\nagainst a whistle blower whether acting on his own or through a person acting on\nhis behalf or under his direction.\n\nB. No employer may discharge, threaten, or otherwise discriminate or retaliate\nagainst a whistle blower, in whole or in part, because the whistle blower is\nrequested or subpoenaed by an appropriate authority to participate in an\ninvestigation, hearing, or inquiry by an appropriate authority or in a court\naction.\n\nC. To be protected by the provisions of this chapter, an employee who discloses\ninformation about suspected wrongdoing or abuse shall do so in good faith and\nupon a reasonable belief that the information is accurate. Disclosures that are\nreckless or the employee knew or should have known were false, confidential by\nlaw, or malicious shall not be deemed good faith reports and shall not be\nprotected.\n\nD. In addition to the remedies provided in § 2.2-3012, any whistle blower\nmay bring a civil action for violation of this section in the circuit court of\nthe jurisdiction where the whistle blower is employed. In a proceeding commenced\nagainst any employer under this section, the court, if it finds that a violation\nwas willfully and knowingly made, may impose upon such employer that is a party\nto the action, whether a writ of mandamus or injunctive relief is awarded or\nnot, a civil penalty of not less than $500 nor more than $2,500, which amount\nshall be paid into the Fraud and Abuse Whistle Blower Reward Fund. The court may\nalso order appropriate remedies, including (i) reinstatement to the same\nposition or, if the position is filled, to an equivalent position; (ii) back\npay; (iii) full reinstatement of fringe benefits and seniority rights; or (iv)\nany combination of these remedies. The whistle blower may be entitled to recover\nreasonable attorney fees and costs. No action brought under this subsection\nshall be brought more than three years after the date the unlawful discharge,\ndiscrimination, or retaliation occurs. Any whistle blower proceeding under this\nsubsection shall not be required to exhaust existing internal procedures or\nother administrative remedies.\n\nE. Nothing in this chapter shall prohibit an employer from disciplining or\ndischarging a whistle blower for his misconduct or any violation of criminal\nlaw.\n\nF. No court shall have jurisdiction over an action brought under §\n8.01-216.5 based on information discovered by a present or former employee of\nthe Commonwealth during the course of his employment unless that employee first,\nin good faith, has exhausted existing internal procedures for reporting and\nseeking recovery of the falsely claimed sums through official channels and\nunless the Commonwealth failed to act on the information provided within a\nreasonable period of time.\n\nHISTORY: 2009, c. 340; 2014, cc. 335, 403.","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}}