{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-51.2_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-51.2_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-51.2_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-51.2_2.html"}],"law_id":79410,"edition_id":1,"section_id":79410,"structure_id":13493,"section_number":"40.1-51.2:2","catch_line":"Remedy for discrimination","history":"1979, c. 354; 2001, c. 332; 2005, cc. 743, 789.","full_text":"A\n\nAny employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of § 40.1-51.2:1 may, within 60 days after such violation occurs, file a complaint with the Commissioner alleging such discharge or discrimination. The employee shall be prohibited from seeking relief under this section if he fails to file such complaint within the 60-day time period. Upon receipt of such complaint, the Commissioner shall cause such investigation to be made as he deems appropriate. If, upon such investigation, he determines that the provisions of § 40.1-51.2:1 have been violated, he shall attempt by conciliation to have the violation abated without economic loss to the employee. In the event a voluntary agreement cannot be obtained, the Commissioner shall bring an action in a circuit court having jurisdiction over the person charged with the violation. The court shall have jurisdiction, for cause shown, to restrain violations and order appropriate relief, including rehiring or reinstatement of the employee to his former position with back pay plus interest at a rate not to exceed eight percent per annum.B\n\nShould the Commissioner, based on the results of his investigation of the complaint, refuse to issue a charge against the person that allegedly discriminated against the employee, the employee may bring action in a circuit court having jurisdiction over the person allegedly discriminating against the employee, for appropriate relief.","order_by":null,"text":{"0":{"id":284495,"text":"Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of § 40.1-51.2:1 may, within 60 days after such violation occurs, file a complaint with the Commissioner alleging such discharge or discrimination. The employee shall be prohibited from seeking relief under this section if he fails to file such complaint within the 60-day time period. Upon receipt of such complaint, the Commissioner shall cause such investigation to be made as he deems appropriate. If, upon such investigation, he determines that the provisions of § 40.1-51.2:1 have been violated, he shall attempt by conciliation to have the violation abated without economic loss to the employee. In the event a voluntary agreement cannot be obtained, the Commissioner shall bring an action in a circuit court having jurisdiction over the person charged with the violation. The court shall have jurisdiction, for cause shown, to restrain violations and order appropriate relief, including rehiring or reinstatement of the employee to his former position with back pay plus interest at a rate not to exceed eight percent per annum.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":284496,"text":"Should the Commissioner, based on the results of his investigation of the complaint, refuse to issue a charge against the person that allegedly discriminated against the employee, the employee may bring action in a circuit court having jurisdiction over the person allegedly discriminating against the employee, for appropriate relief.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13493,"edition_id":1,"name":"Safety Provisions","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:45:02","date_modified":"2026-06-26 03:45:02","permalink":{"id":220037,"object_type":"structure","relational_id":13493,"identifier":"5","token":"40.1\/3\/5","url":"\/40.1\/3\/5\/","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":75689,"structure_id":13493,"section_number":"40.1-41","catch_line":"Repealed","url":"\/40.1-41\/","token":"40.1\/3\/5\/40.1-41","metadata":false},{"id":60980,"structure_id":13493,"section_number":"40.1-44","catch_line":"Repealed","url":"\/40.1-44\/","token":"40.1\/3\/5\/40.1-44","metadata":false},{"id":55589,"structure_id":13493,"section_number":"40.1-44.1","catch_line":"Rules and regulations relating to tramways and other hauling and lifting devices","url":"\/40.1-44.1\/","token":"40.1\/3\/5\/40.1-44.1","metadata":false},{"id":56930,"structure_id":13493,"section_number":"40.1-45","catch_line":"Repealed","url":"\/40.1-45\/","token":"40.1\/3\/5\/40.1-45","metadata":false},{"id":58120,"structure_id":13493,"section_number":"40.1-49","catch_line":"Repealed","url":"\/40.1-49\/","token":"40.1\/3\/5\/40.1-49","metadata":false},{"id":85572,"structure_id":13493,"section_number":"40.1-49.1","catch_line":"Repealed","url":"\/40.1-49.1\/","token":"40.1\/3\/5\/40.1-49.1","metadata":false},{"id":66969,"structure_id":13493,"section_number":"40.1-49.10","catch_line":"Duration of warrant","url":"\/40.1-49.10\/","token":"40.1\/3\/5\/40.1-49.10","metadata":false},{"id":78471,"structure_id":13493,"section_number":"40.1-49.11","catch_line":"Conduct of inspection, testing, or collection of samples for analysis","url":"\/40.1-49.11\/","token":"40.1\/3\/5\/40.1-49.11","metadata":false},{"id":67213,"structure_id":13493,"section_number":"40.1-49.12","catch_line":"Review by courts","url":"\/40.1-49.12\/","token":"40.1\/3\/5\/40.1-49.12","metadata":false},{"id":57051,"structure_id":13493,"section_number":"40.1-49.13","catch_line":"Voluntary Protection Program","url":"\/40.1-49.13\/","token":"40.1\/3\/5\/40.1-49.13","metadata":false},{"id":78202,"structure_id":13493,"section_number":"40.1-49.2","catch_line":"Repealed","url":"\/40.1-49.2\/","token":"40.1\/3\/5\/40.1-49.2","metadata":false},{"id":75267,"structure_id":13493,"section_number":"40.1-49.3","catch_line":"Definitions","url":"\/40.1-49.3\/","token":"40.1\/3\/5\/40.1-49.3","metadata":false},{"id":81960,"structure_id":13493,"section_number":"40.1-49.4","catch_line":"Enforcement of this title and standards, rules or regulations for safety and health; orders of Commissioner; proceedings in circuit court; injunctions; penalties","url":"\/40.1-49.4\/","token":"40.1\/3\/5\/40.1-49.4","metadata":false},{"id":66029,"structure_id":13493,"section_number":"40.1-49.5","catch_line":"Appeals to Court of Appeals","url":"\/40.1-49.5\/","token":"40.1\/3\/5\/40.1-49.5","metadata":false},{"id":69978,"structure_id":13493,"section_number":"40.1-49.6","catch_line":"Same; attorneys for Commonwealth","url":"\/40.1-49.6\/","token":"40.1\/3\/5\/40.1-49.6","metadata":false},{"id":74006,"structure_id":13493,"section_number":"40.1-49.7","catch_line":"Same; publication of orders","url":"\/40.1-49.7\/","token":"40.1\/3\/5\/40.1-49.7","metadata":false},{"id":78189,"structure_id":13493,"section_number":"40.1-49.8","catch_line":"Inspections of workplace","url":"\/40.1-49.8\/","token":"40.1\/3\/5\/40.1-49.8","metadata":false},{"id":78898,"structure_id":13493,"section_number":"40.1-49.9","catch_line":"Issuance of warrant","url":"\/40.1-49.9\/","token":"40.1\/3\/5\/40.1-49.9","metadata":false},{"id":70422,"structure_id":13493,"section_number":"40.1-50","catch_line":"Repealed","url":"\/40.1-50\/","token":"40.1\/3\/5\/40.1-50","metadata":false},{"id":71357,"structure_id":13493,"section_number":"40.1-51","catch_line":"State Health Commissioner to provide advice and aid; rules and regulations","url":"\/40.1-51\/","token":"40.1\/3\/5\/40.1-51","metadata":false},{"id":85981,"structure_id":13493,"section_number":"40.1-51.1","catch_line":"Duties of employers","url":"\/40.1-51.1\/","token":"40.1\/3\/5\/40.1-51.1","metadata":false},{"id":59403,"structure_id":13493,"section_number":"40.1-51.1:1","catch_line":"Repealed","url":"\/40.1-51.1_1\/","token":"40.1\/3\/5\/40.1-51.1_1","metadata":false},{"id":83917,"structure_id":13493,"section_number":"40.1-51.2","catch_line":"Rights and duties of employees","url":"\/40.1-51.2\/","token":"40.1\/3\/5\/40.1-51.2","metadata":false},{"id":59338,"structure_id":13493,"section_number":"40.1-51.2:1","catch_line":"Discrimination against employee for exercising rights prohibited","url":"\/40.1-51.2_1\/","token":"40.1\/3\/5\/40.1-51.2_1","metadata":false},{"id":79410,"structure_id":13493,"section_number":"40.1-51.2:2","catch_line":"Remedy for discrimination","url":"\/40.1-51.2_2\/","token":"40.1\/3\/5\/40.1-51.2_2","metadata":false},{"id":74698,"structure_id":13493,"section_number":"40.1-51.3","catch_line":"Duties of health and safety inspectors","url":"\/40.1-51.3\/","token":"40.1\/3\/5\/40.1-51.3","metadata":false},{"id":83579,"structure_id":13493,"section_number":"40.1-51.3:1","catch_line":"Penalty for giving advance notice of safety or health inspection under this title","url":"\/40.1-51.3_1\/","token":"40.1\/3\/5\/40.1-51.3_1","metadata":false},{"id":81991,"structure_id":13493,"section_number":"40.1-51.3:2","catch_line":"Evidence of civil penalty against employer under state, federal, etc., safety codes inadmissible in personal injury or property damage trial","url":"\/40.1-51.3_2\/","token":"40.1\/3\/5\/40.1-51.3_2","metadata":false},{"id":65264,"structure_id":13493,"section_number":"40.1-51.4","catch_line":"Repealed","url":"\/40.1-51.4\/","token":"40.1\/3\/5\/40.1-51.4","metadata":false},{"id":73522,"structure_id":13493,"section_number":"40.1-51.4:1","catch_line":"Confidentiality of trade secrets","url":"\/40.1-51.4_1\/","token":"40.1\/3\/5\/40.1-51.4_1","metadata":false},{"id":78379,"structure_id":13493,"section_number":"40.1-51.4:2","catch_line":"Penalty for making false statements, etc","url":"\/40.1-51.4_2\/","token":"40.1\/3\/5\/40.1-51.4_2","metadata":false},{"id":54456,"structure_id":13493,"section_number":"40.1-51.4:3","catch_line":"Prohibition of use of certain questions on polygraph tests for employment","url":"\/40.1-51.4_3\/","token":"40.1\/3\/5\/40.1-51.4_3","metadata":false},{"id":82115,"structure_id":13493,"section_number":"40.1-51.4:4","catch_line":"Prohibition of use of polygraphs in certain employment situations","url":"\/40.1-51.4_4\/","token":"40.1\/3\/5\/40.1-51.4_4","metadata":false},{"id":75314,"structure_id":13493,"section_number":"40.1-51.4:5","catch_line":"Immunity of employees for reporting threatening conduct","url":"\/40.1-51.4_5\/","token":"40.1\/3\/5\/40.1-51.4_5","metadata":false}],"previous_section":{"id":59338,"structure_id":13493,"section_number":"40.1-51.2:1","catch_line":"Discrimination against employee for exercising rights prohibited","url":"\/40.1-51.2_1\/","token":"40.1\/3\/5\/40.1-51.2_1","metadata":false},"next_section":{"id":74698,"structure_id":13493,"section_number":"40.1-51.3","catch_line":"Duties of health and safety inspectors","url":"\/40.1-51.3\/","token":"40.1\/3\/5\/40.1-51.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-51.2:2\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 354 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. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 2001, chapter 332<\/a>; in 2005, chapters 743<\/a> and 789<\/a>.<\/p>","references":false,"refers_to":[{"id":59338,"section_number":"40.1-51.2:1","catch_line":"Discrimination against employee for exercising rights prohibited","order_by":null,"url":"\/40.1-51.2_1\/"}],"permalink":{"id":220135,"object_type":"law","relational_id":79410,"identifier":"40.1-51.2:2","token":"40.1\/3\/5\/40.1-51.2_2","url":"\/40.1-51.2_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-51.2_2\/","token":"40.1\/3\/5\/40.1-51.2_2","dublin_core":{"Title":"Remedy for discrimination","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-51.2:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any employee<\/span> who believes that he or she has been discharged or otherwise discriminated against by any person in violation of § 40.1-51.2:1<\/a> may, within 60 days after such violation occurs, file a complaint with the Commissioner<\/span> alleging such discharge or discrimination. The employee<\/span> shall be prohibited from seeking relief under this section if he fails to file such complaint within the 60-day time period. Upon receipt of such complaint, the Commissioner<\/span> shall cause such investigation to be made as he deems appropriate. If, upon such investigation, he determines that the provisions of § 40.1-51.2:1<\/a> have been violated, he shall attempt by conciliation to have the violation abated without economic loss to the employee<\/span>. In the event a voluntary agreement cannot be obtained, the Commissioner<\/span> shall bring an action in a circuit<\/span> court<\/span> having jurisdiction<\/span> over the person charged with the violation. The court<\/span> shall have jurisdiction<\/span>, for cause shown, to restrain violations and order<\/span> appropriate relief, including rehiring or reinstatement of the employee<\/span> to his former position with back pay plus interest at a rate not to exceed eight percent per annum. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Should the Commissioner<\/span>, based on the results of his investigation of the complaint, refuse to issue<\/span> a charge against the person that allegedly discriminated against the employee<\/span>, the employee<\/span> may bring action in a circuit<\/span> court<\/span> having jurisdiction<\/span> over the person allegedly discriminating against the employee<\/span>, for appropriate relief. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREMEDY FOR DISCRIMINATION (\u00a7 40.1-51.2:2)\n\nA. Any employee who believes that he or she has been discharged or otherwise\ndiscriminated against by any person in violation of § 40.1-51.2:1 may,\nwithin 60 days after such violation occurs, file a complaint with the\nCommissioner alleging such discharge or discrimination. The employee shall be\nprohibited from seeking relief under this section if he fails to file such\ncomplaint within the 60-day time period. Upon receipt of such complaint, the\nCommissioner shall cause such investigation to be made as he deems appropriate.\nIf, upon such investigation, he determines that the provisions of §\n40.1-51.2:1 have been violated, he shall attempt by conciliation to have the\nviolation abated without economic loss to the employee. In the event a voluntary\nagreement cannot be obtained, the Commissioner shall bring an action in a\ncircuit court having jurisdiction over the person charged with the violation.\nThe court shall have jurisdiction, for cause shown, to restrain violations and\norder appropriate relief, including rehiring or reinstatement of the employee to\nhis former position with back pay plus interest at a rate not to exceed eight\npercent per annum.\n\nB. Should the Commissioner, based on the results of his investigation of the\ncomplaint, refuse to issue a charge against the person that allegedly\ndiscriminated against the employee, the employee may bring action in a circuit\ncourt having jurisdiction over the person allegedly discriminating against the\nemployee, for appropriate relief.\n\nHISTORY: 1979, c. 354; 2001, c. 332; 2005, cc. 743, 789.","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}}