{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-93.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-93.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-93.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-93.4.html"}],"law_id":68302,"edition_id":1,"section_id":68302,"structure_id":14583,"section_number":"44-93.4","catch_line":"Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited","history":"2002, c. 354; 2007, cc. 167, 214; 2011, cc. 572, 586; 2015, c. 221; 2016, c. 327; 2018, c. 216.","full_text":"A\n\nA member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, who performs, has performed, applies to perform, or has an obligation to perform state active duty or military duty pursuant to Title 32 of the United States Code shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer within the Commonwealth on the basis of that membership, application for membership, performance of service, application for service, or obligation.B\n\nA person shall be considered to have denied a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, initial employment, reemployment, retention in employment, promotion, or a benefit of employment within the Commonwealth in violation of this section if the member’s membership, application for membership, performance of service, application for service, or obligation for service is a motivating factor in that person’s action, unless the person can prove by the greater weight of the evidence that the same unfavorable action would have taken place in the absence of the member’s membership, application for membership, performance of service, application for service, or obligation for service.","order_by":null,"text":{"0":{"id":247099,"text":"A member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, who performs, has performed, applies to perform, or has an obligation to perform state active duty or military duty pursuant to Title 32 of the United States Code shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer within the Commonwealth on the basis of that membership, application for membership, performance of service, application for service, or obligation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":247100,"text":"A person shall be considered to have denied a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, initial employment, reemployment, retention in employment, promotion, or a benefit of employment within the Commonwealth in violation of this section if the member’s membership, application for membership, performance of service, application for service, or obligation for service is a motivating factor in that person’s action, unless the person can prove by the greater weight of the evidence that the same unfavorable action would have taken place in the absence of the member’s membership, application for membership, performance of service, application for service, or obligation for service.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14583,"edition_id":1,"name":"Privileges of United States Reserve, National Guard, and Naval 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termination","url":"\/44-102.1\/","token":"44\/1\/10\/44-102.1","metadata":false},{"id":59625,"structure_id":14583,"section_number":"44-102.1:1","catch_line":"Benefits upon call to active duty under a state of emergency; health care premiums","url":"\/44-102.1_1\/","token":"44\/1\/10\/44-102.1_1","metadata":false},{"id":58911,"structure_id":14583,"section_number":"44-102.2","catch_line":"Virginia Military Family Relief Fund established","url":"\/44-102.2\/","token":"44\/1\/10\/44-102.2","metadata":false},{"id":85693,"structure_id":14583,"section_number":"44-93","catch_line":"Leaves of absence for employees of Commonwealth or political subdivisions","url":"\/44-93\/","token":"44\/1\/10\/44-93","metadata":false},{"id":72727,"structure_id":14583,"section_number":"44-93.1","catch_line":"Supplement of military pay and additional life insurance benefits for employees of Commonwealth or political subdivisions","url":"\/44-93.1\/","token":"44\/1\/10\/44-93.1","metadata":false},{"id":70588,"structure_id":14583,"section_number":"44-93.2","catch_line":"Leaves of absence from nongovernmental employment","url":"\/44-93.2\/","token":"44\/1\/10\/44-93.2","metadata":false},{"id":65346,"structure_id":14583,"section_number":"44-93.3","catch_line":"Reemployment rights","url":"\/44-93.3\/","token":"44\/1\/10\/44-93.3","metadata":false},{"id":68302,"structure_id":14583,"section_number":"44-93.4","catch_line":"Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited","url":"\/44-93.4\/","token":"44\/1\/10\/44-93.4","metadata":false},{"id":84987,"structure_id":14583,"section_number":"44-93.5","catch_line":"Penalties for denial","url":"\/44-93.5\/","token":"44\/1\/10\/44-93.5","metadata":false},{"id":67986,"structure_id":14583,"section_number":"44-94","catch_line":"Exemption from jury 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Force","url":"\/44-98\/","token":"44\/1\/10\/44-98","metadata":false},{"id":56079,"structure_id":14583,"section_number":"44-99","catch_line":"Organizations may own property; suits","url":"\/44-99\/","token":"44\/1\/10\/44-99","metadata":false}],"previous_section":{"id":65346,"structure_id":14583,"section_number":"44-93.3","catch_line":"Reemployment rights","url":"\/44-93.3\/","token":"44\/1\/10\/44-93.3","metadata":false},"next_section":{"id":84987,"structure_id":14583,"section_number":"44-93.5","catch_line":"Penalties for denial","url":"\/44-93.5\/","token":"44\/1\/10\/44-93.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-93.4\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 354<\/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 2007, chapters 167<\/a> and 214<\/a>; in 2011, chapters 572<\/a> and 586<\/a>; in 2015, chapter 221<\/a>; in 2016, chapter 327<\/a>; in 2018, chapter 216<\/a>.<\/p>","references":[{"id":84987,"section_number":"44-93.5","catch_line":"Penalties for denial","order_by":null,"url":"\/44-93.5\/"}],"refers_to":false,"permalink":{"id":221629,"object_type":"law","relational_id":68302,"identifier":"44-93.4","token":"44\/1\/10\/44-93.4","url":"\/44-93.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-93.4\/","token":"44\/1\/10\/44-93.4","dublin_core":{"Title":"Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-93.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, who performs, has performed, applies to perform, or has an obligation to perform state active duty or military duty pursuant to Title 32 of the United States Code shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer within the Commonwealth on the basis of that membership, application for membership, performance of service, application for service, or obligation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person shall be considered to have denied a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, initial employment, reemployment, retention in employment, promotion, or a benefit of employment within the Commonwealth in violation of this section if the member’s membership, application for membership, performance of service, application for service, or obligation for service is a motivating factor in that person’s action, unless the person can prove by the greater weight of the evidence<\/span> that the same unfavorable action would have taken place in the absence of the member’s membership, application for membership, performance of service, application for service, or obligation for service. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCRIMINATION AGAINST PERSONS WHO SERVE IN THE VIRGINIA NATIONAL GUARD,\nVIRGINIA DEFENSE FORCE, OR NATIONAL GUARD OF ANOTHER STATE AND ACTS OF REPRISAL\nPROHIBITED (\u00a7 44-93.4)\n\nA. A member of the Virginia National Guard or Virginia Defense Force, or a\nperson who is a member of the National Guard of another state, who performs, has\nperformed, applies to perform, or has an obligation to perform state active duty\nor military duty pursuant to Title 32 of the United States Code shall not be\ndenied initial employment, reemployment, retention in employment, promotion, or\nany benefit of employment by an employer within the Commonwealth on the basis of\nthat membership, application for membership, performance of service, application\nfor service, or obligation.\n\nB. A person shall be considered to have denied a member of the Virginia National\nGuard or Virginia Defense Force, or a person who is a member of the National\nGuard of another state, initial employment, reemployment, retention in\nemployment, promotion, or a benefit of employment within the Commonwealth in\nviolation of this section if the member’s membership, application for\nmembership, performance of service, application for service, or obligation for\nservice is a motivating factor in that person’s action, unless the person\ncan prove by the greater weight of the evidence that the same unfavorable action\nwould have taken place in the absence of the member’s membership,\napplication for membership, performance of service, application for service, or\nobligation for service.\n\nHISTORY: 2002, c. 354; 2007, cc. 167, 214; 2011, cc. 572, 586; 2015, c. 221;\n2016, c. 327; 2018, c. 216.","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}}