{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-33.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-33.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-33.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-33.2.html"}],"law_id":80654,"edition_id":1,"section_id":80654,"structure_id":15932,"section_number":"40.1-33.2","catch_line":"Discriminatory actions prohibited","history":"2020, cc. 950, 951, \u00a7 40.1-33.1.","full_text":"A\n\nAn employer shall not discharge or in any other manner discriminate against an employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under § 40.1-29, or has testified or is about to testify in any such proceeding.B\n\nAny employee who is discharged or in any other manner discriminated against in a manner prohibited by this section may file a complaint with the Commissioner, and the Commissioner, with the written and signed consent of an employee, may institute proceedings on behalf of an employee for appropriate remedies for such action, including reinstatement of the employee and recovering lost wages and an additional amount equal to the lost wages as liquidated damages.","order_by":null,"text":{"0":{"id":289056,"text":"An employer shall not discharge or in any other manner discriminate against an employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under § 40.1-29, or has testified or is about to testify in any such proceeding.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289057,"text":"Any employee who is discharged or in any other manner discriminated against in a manner prohibited by this section may file a complaint with the Commissioner, and the Commissioner, with the written and signed consent of an employee, may institute proceedings on behalf of an employee for appropriate remedies for such action, including reinstatement of the employee and recovering lost wages and an additional amount equal to the lost wages as liquidated damages.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15932,"edition_id":1,"name":"Pay; Assignment of Wages; Sale of Merchandise to Employees","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 04:02:15","date_modified":"2026-06-26 04:02:15","permalink":{"id":219935,"object_type":"structure","relational_id":15932,"identifier":"2","token":"40.1\/3\/2","url":"\/40.1\/3\/2\/","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":79349,"structure_id":15932,"section_number":"40.1-29","catch_line":"Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties","url":"\/40.1-29\/","token":"40.1\/3\/2\/40.1-29","metadata":false},{"id":83210,"structure_id":15932,"section_number":"40.1-29.1","catch_line":"Investigations of employers for nonpayment of wages","url":"\/40.1-29.1\/","token":"40.1\/3\/2\/40.1-29.1","metadata":false},{"id":68305,"structure_id":15932,"section_number":"40.1-29.2","catch_line":"Employer liability","url":"\/40.1-29.2\/","token":"40.1\/3\/2\/40.1-29.2","metadata":false},{"id":85508,"structure_id":15932,"section_number":"40.1-29.3","catch_line":"Overtime for certain employees","url":"\/40.1-29.3\/","token":"40.1\/3\/2\/40.1-29.3","metadata":false},{"id":63574,"structure_id":15932,"section_number":"40.1-30","catch_line":"Registration of certain nonresident employers with Department","url":"\/40.1-30\/","token":"40.1\/3\/2\/40.1-30","metadata":false},{"id":73386,"structure_id":15932,"section_number":"40.1-31","catch_line":"Assignment of wages and salaries; requirements","url":"\/40.1-31\/","token":"40.1\/3\/2\/40.1-31","metadata":false},{"id":67989,"structure_id":15932,"section_number":"40.1-32","catch_line":"Partial assignments invalid","url":"\/40.1-32\/","token":"40.1\/3\/2\/40.1-32","metadata":false},{"id":61940,"structure_id":15932,"section_number":"40.1-33","catch_line":"Certain assignments not affected","url":"\/40.1-33\/","token":"40.1\/3\/2\/40.1-33","metadata":false},{"id":77516,"structure_id":15932,"section_number":"40.1-33.1","catch_line":"Retaliatory actions prohibited; civil penalty","url":"\/40.1-33.1\/","token":"40.1\/3\/2\/40.1-33.1","metadata":false},{"id":80654,"structure_id":15932,"section_number":"40.1-33.2","catch_line":"Discriminatory actions prohibited","url":"\/40.1-33.2\/","token":"40.1\/3\/2\/40.1-33.2","metadata":false}],"previous_section":{"id":77516,"structure_id":15932,"section_number":"40.1-33.1","catch_line":"Retaliatory actions prohibited; civil penalty","url":"\/40.1-33.1\/","token":"40.1\/3\/2\/40.1-33.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-33.2\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 950<\/a> and 951<\/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":[{"id":79349,"section_number":"40.1-29","catch_line":"Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties","order_by":null,"url":"\/40.1-29\/"}],"permalink":{"id":219973,"object_type":"law","relational_id":80654,"identifier":"40.1-33.2","token":"40.1\/3\/2\/40.1-33.2","url":"\/40.1-33.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-33.2\/","token":"40.1\/3\/2\/40.1-33.2","dublin_core":{"Title":"Discriminatory actions prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-33.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An employer<\/span> shall not discharge or in any other manner discriminate against an employee<\/span> because such employee<\/span> has filed any complaint or instituted or caused to be instituted any proceeding under § 40.1-29<\/a>, or has testified or is about to testify in any such proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any employee<\/span> who is discharged or in any other manner discriminated against in a manner prohibited by this section may file a complaint with the Commissioner<\/span>, and the Commissioner<\/span>, with the written and signed consent of an employee<\/span>, may institute proceedings on behalf of an employee<\/span> for appropriate remedies for such action, including reinstatement of the employee<\/span> and recovering lost wages and an additional amount equal to the lost wages as liquidated damages<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCRIMINATORY ACTIONS PROHIBITED (\u00a7 40.1-33.2)\n\nA. An employer shall not discharge or in any other manner discriminate against\nan employee because such employee has filed any complaint or instituted or\ncaused to be instituted any proceeding under § 40.1-29, or has testified or\nis about to testify in any such proceeding.\n\nB. Any employee who is discharged or in any other manner discriminated against\nin a manner prohibited by this section may file a complaint with the\nCommissioner, and the Commissioner, with the written and signed consent of an\nemployee, may institute proceedings on behalf of an employee for appropriate\nremedies for such action, including reinstatement of the employee and recovering\nlost wages and an additional amount equal to the lost wages as liquidated\ndamages.\n\nHISTORY: 2020, cc. 950, 951, \u00a7 40.1-33.1.","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}}