{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-27.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-27.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-27.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-27.3.html"}],"law_id":82455,"edition_id":1,"section_id":82455,"structure_id":13640,"section_number":"40.1-27.3","catch_line":"Retaliatory action against employee prohibited","history":"2020, c. 1136.","full_text":"A\n\nAn employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee’s compensation, terms, conditions, location, or privileges of employment, because the employee:1\n\nOr a person acting on behalf of the employee in good faith reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official;2\n\nIs requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry;3\n\nRefuses to engage in a criminal act that would subject the employee to criminal liability;4\n\nRefuses an employer’s order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or5\n\nProvides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation.B\n\nThis section does not:1\n\nAuthorize an employee to make a disclosure of data otherwise protected by law or any legal privilege;2\n\nPermit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth; or3\n\nPermit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law.C\n\nA person who alleges a violation of this section may bring a civil action in a court of competent jurisdiction within one year of the employer’s prohibited retaliatory action. The court may order as a remedy to the employee (i) an injunction to restrain continued violation of this section, (ii) the reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position, and (iii) compensation for lost wages, benefits, and other remuneration, together with interest thereon, as well as reasonable attorney fees and costs.","order_by":null,"text":{"0":{"id":295408,"text":"An employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee’s compensation, terms, conditions, location, or privileges of employment, because the employee:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":295409,"text":"Or a person acting on behalf of the employee in good faith reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":295410,"text":"Is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":295411,"text":"Refuses to engage in a criminal act that would subject the employee to criminal liability;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":295412,"text":"Refuses an employer’s order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":295413,"text":"Provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":295414,"text":"This section does not:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B1"},"7":{"id":295415,"text":"Authorize an employee to make a disclosure of data otherwise protected by law or any legal privilege;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"8":{"id":295416,"text":"Permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"9":{"id":295417,"text":"Permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"10":{"id":295418,"text":"A person who alleges a violation of this section may bring a civil action in a court of competent jurisdiction within one year of the employer’s prohibited retaliatory action. The court may order as a remedy to the employee (i) an injunction to restrain continued violation of this section, (ii) the reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position, and (iii) compensation for lost wages, benefits, and other remuneration, together with interest thereon, as well as reasonable attorney fees and costs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"ancestry":[{"id":13640,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":219807,"object_type":"structure","relational_id":13640,"identifier":"1","token":"40.1\/3\/1","url":"\/40.1\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77584,"structure_id":13640,"section_number":"40.1-22","catch_line":"Safety and Health Codes Commission continued as Safety and Health Codes Board","url":"\/40.1-22\/","token":"40.1\/3\/1\/40.1-22","metadata":false},{"id":67414,"structure_id":13640,"section_number":"40.1-22.1","catch_line":"Governor authorized to enter certain agreements","url":"\/40.1-22.1\/","token":"40.1\/3\/1\/40.1-22.1","metadata":false},{"id":64288,"structure_id":13640,"section_number":"40.1-23","catch_line":"Repealed","url":"\/40.1-23\/","token":"40.1\/3\/1\/40.1-23","metadata":false},{"id":66063,"structure_id":13640,"section_number":"40.1-26","catch_line":"Repealed","url":"\/40.1-26\/","token":"40.1\/3\/1\/40.1-26","metadata":false},{"id":56917,"structure_id":13640,"section_number":"40.1-27","catch_line":"Preventing employment by others of former employee","url":"\/40.1-27\/","token":"40.1\/3\/1\/40.1-27","metadata":false},{"id":54740,"structure_id":13640,"section_number":"40.1-27.1","catch_line":"Discharge of employee for absence due to work-related injury prohibited","url":"\/40.1-27.1\/","token":"40.1\/3\/1\/40.1-27.1","metadata":false},{"id":74658,"structure_id":13640,"section_number":"40.1-27.2","catch_line":"Preference for veterans and spouses","url":"\/40.1-27.2\/","token":"40.1\/3\/1\/40.1-27.2","metadata":false},{"id":82455,"structure_id":13640,"section_number":"40.1-27.3","catch_line":"Retaliatory action against employee prohibited","url":"\/40.1-27.3\/","token":"40.1\/3\/1\/40.1-27.3","metadata":false},{"id":78662,"structure_id":13640,"section_number":"40.1-27.4","catch_line":"Discipline for employee's medicinal use of cannabis oil prohibited","url":"\/40.1-27.4\/","token":"40.1\/3\/1\/40.1-27.4","metadata":false},{"id":70077,"structure_id":13640,"section_number":"40.1-28","catch_line":"Unlawful to require payment for medical examination as condition of employment","url":"\/40.1-28\/","token":"40.1\/3\/1\/40.1-28","metadata":false},{"id":68891,"structure_id":13640,"section_number":"40.1-28.01","catch_line":"Nondisclosure or confidentiality agreement; 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civil penalty","url":"\/40.1-28.7_10\/","token":"40.1\/3\/1\/40.1-28.7_10","metadata":false},{"id":63600,"structure_id":13640,"section_number":"40.1-28.7:11","catch_line":"Veterans benefits and services poster","url":"\/40.1-28.7_11\/","token":"40.1\/3\/1\/40.1-28.7_11","metadata":false},{"id":81572,"structure_id":13640,"section_number":"40.1-28.7:2","catch_line":"Employers to allow crime victims leave to attend criminal proceedings","url":"\/40.1-28.7_2\/","token":"40.1\/3\/1\/40.1-28.7_2","metadata":false},{"id":55131,"structure_id":13640,"section_number":"40.1-28.7:3","catch_line":"Earned income tax credit; employer notice to employee","url":"\/40.1-28.7_3\/","token":"40.1\/3\/1\/40.1-28.7_3","metadata":false},{"id":54612,"structure_id":13640,"section_number":"40.1-28.7:4","catch_line":"Release of employee's personal identifying information","url":"\/40.1-28.7_4\/","token":"40.1\/3\/1\/40.1-28.7_4","metadata":false},{"id":79093,"structure_id":13640,"section_number":"40.1-28.7:5","catch_line":"Social media accounts of current and prospective employees","url":"\/40.1-28.7_5\/","token":"40.1\/3\/1\/40.1-28.7_5","metadata":false},{"id":80547,"structure_id":13640,"section_number":"40.1-28.7:6","catch_line":"Employers to allow leave for volunteer members of Civil Air Patrol; 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This law was first created in 2020. The record of its establishment is cataloged in chapter 1136<\/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.<\/p>","references":false,"refers_to":false,"permalink":{"id":219837,"object_type":"law","relational_id":82455,"identifier":"40.1-27.3","token":"40.1\/3\/1\/40.1-27.3","url":"\/40.1-27.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-27.3\/","token":"40.1\/3\/1\/40.1-27.3","dublin_core":{"Title":"Retaliatory action against employee prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-27.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An employer<\/span> shall not discharge, discipline, threaten, discriminate against, or penalize an employee<\/span>, or take other retaliatory action regarding an employee<\/span>’s compensation, terms, conditions, location, or privileges<\/span> of employment, because the employee<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Or a person acting on behalf of the employee<\/span> in good faith reports a violation of any federal or state law<\/span> or regulation to a supervisor or to any governmental body or law<\/span>-enforcement official; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is requested by a governmental body or law<\/span>-enforcement official to participate in an investigation, hearing<\/span>, or inquiry; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Refuses to engage in a criminal act that would subject the employee<\/span> to criminal liability; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Refuses an employer<\/span>’s order<\/span> to perform an action that violates any federal or state law<\/span> or regulation and the employee<\/span> informs the employer<\/span> that the order<\/span> is being refused for that reason; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Provides information to or testifies before any governmental body or law<\/span>-enforcement official conducting an investigation, hearing<\/span>, or inquiry into any alleged violation by the employer<\/span> of federal or state law<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> This section does not: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Authorize an employee<\/span> to make a disclosure of data otherwise protected by law<\/span> or any legal privilege<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Permit an employee<\/span> to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person who alleges a violation of this section may bring a civil action<\/span> in a court<\/span> of competent jurisdiction<\/span> within one year of the employer<\/span>’s prohibited retaliatory action. The court<\/span> may order<\/span> as a remedy to the employee<\/span> (i) an injunction<\/span> to restrain continued violation of this section, (ii) the reinstatement of the employee<\/span> to the same position held before the retaliatory action or to an equivalent position, and (iii) compensation for lost wages, benefits, and other remuneration, together with interest thereon, as well as reasonable attorney fees and costs. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRETALIATORY ACTION AGAINST EMPLOYEE PROHIBITED (\u00a7 40.1-27.3)\n\nA. An employer shall not discharge, discipline, threaten, discriminate against,\nor penalize an employee, or take other retaliatory action regarding an\nemployee’s compensation, terms, conditions, location, or privileges of\nemployment, because the employee:\n\n 1. Or a person acting on behalf of the employee in good faith reports a\n violation of any federal or state law or regulation to a supervisor or to any\n governmental body or law-enforcement official;\n\n 2. Is requested by a governmental body or law-enforcement official to\n participate in an investigation, hearing, or inquiry;\n\n 3. Refuses to engage in a criminal act that would subject the employee to\n criminal liability;\n\n 4. Refuses an employer’s order to perform an action that violates any\n federal or state law or regulation and the employee informs the employer that\n the order is being refused for that reason; or\n\n 5. Provides information to or testifies before any governmental body or\n law-enforcement official conducting an investigation, hearing, or inquiry into\n any alleged violation by the employer of federal or state law or regulation.\n\nB. This section does not:\n\n 1. Authorize an employee to make a disclosure of data otherwise protected by\n law or any legal privilege;\n\n 2. Permit an employee to make statements or disclosures knowing that they are\n false or that they are in reckless disregard of the truth; or\n\n 3. Permit disclosures that would violate federal or state law or diminish or\n impair the rights of any person to the continued protection of confidentiality\n of communications provided by common law.\n\nC. A person who alleges a violation of this section may bring a civil action in\na court of competent jurisdiction within one year of the employer’s\nprohibited retaliatory action. The court may order as a remedy to the employee\n(i) an injunction to restrain continued violation of this section, (ii) the\nreinstatement of the employee to the same position held before the retaliatory\naction or to an equivalent position, and (iii) compensation for lost wages,\nbenefits, and other remuneration, together with interest thereon, as well as\nreasonable attorney fees and costs.\n\nHISTORY: 2020, c. 1136.","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}}