{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-216.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-216.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-216.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-216.8.html"}],"law_id":75318,"edition_id":1,"section_id":75318,"structure_id":14503,"section_number":"8.01-216.8","catch_line":"Certain actions barred; relief from employment discrimination; waiver of sovereign immunity","history":"2002, c. 842; 2011, cc. 651, 676; 2012, c. 479; 2014, c. 403.","full_text":"No court shall have jurisdiction over any action brought under this article by an inmate incarcerated within a state or local correctional facility as defined in \u00a7 53.1-1.\n\t\tNo court shall have jurisdiction over an action brought under this article against any department, authority, board, bureau, commission, or agency of the Commonwealth, any political subdivision of the Commonwealth, a member of the General Assembly, a member of the judiciary, or an exempt official if the action is based on evidence or information known to the Commonwealth when the action was brought. For purposes of this section, “exempt official” means the Governor, Lieutenant Governor, Attorney General and the directors or members of any department, authority, board, bureau, commission or agency of the Commonwealth or any political subdivision of the Commonwealth.\n\t\tIn no event may a person bring an action under this article that is based upon allegations or transactions that are the subject of a civil suit or an administrative proceeding in which the Commonwealth is already a party.\n\t\tThe court shall dismiss an action or claim under \u00a7 8.01-216.5 unless opposed by the Commonwealth if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil or administrative hearing in which the Commonwealth or its agent is a party, in a Virginia legislative, administrative, or Auditor of Public Accounts’ report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. For purposes of this section, “original source” means an individual (i) who either prior to a public disclosure has voluntarily disclosed to the Commonwealth the information on which the allegations or transactions in a claim are based or (ii) who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions and who has voluntarily provided the information to the Commonwealth before filing an action under this article.\n\t\tExcept as otherwise provided in this section, the Commonwealth shall not be liable for expenses a person incurs in bringing an action under this article.\n\t\tAny employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this article or other efforts to stop one or more violations of this article. Relief shall include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. Any relief awarded to an employee under this section shall be reduced by any amount awarded to the employee through a state or local grievance process. An action under this section may be brought in a court of competent jurisdiction for the relief provided in this section, but may not be brought more than three years after the date the discrimination occurred. This paragraph shall constitute a waiver of sovereign immunity and creates a cause of action by an employee against the Commonwealth if the Commonwealth is the employer responsible for the adverse employment action that would entitle the employee to the relief set forth in this paragraph.","order_by":null,"text":{"0":{"id":270394,"text":"No court shall have jurisdiction over any action brought under this article by an inmate incarcerated within a state or local correctional facility as defined in \u00a7 53.1-1.\n\t\tNo court shall have jurisdiction over an action brought under this article against any department, authority, board, bureau, commission, or agency of the Commonwealth, any political subdivision of the Commonwealth, a member of the General Assembly, a member of the judiciary, or an exempt official if the action is based on evidence or information known to the Commonwealth when the action was brought. For purposes of this section, “exempt official” means the Governor, Lieutenant Governor, Attorney General and the directors or members of any department, authority, board, bureau, commission or agency of the Commonwealth or any political subdivision of the Commonwealth.\n\t\tIn no event may a person bring an action under this article that is based upon allegations or transactions that are the subject of a civil suit or an administrative proceeding in which the Commonwealth is already a party.\n\t\tThe court shall dismiss an action or claim under \u00a7 8.01-216.5 unless opposed by the Commonwealth if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil or administrative hearing in which the Commonwealth or its agent is a party, in a Virginia legislative, administrative, or Auditor of Public Accounts’ report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. For purposes of this section, “original source” means an individual (i) who either prior to a public disclosure has voluntarily disclosed to the Commonwealth the information on which the allegations or transactions in a claim are based or (ii) who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions and who has voluntarily provided the information to the Commonwealth before filing an action under this article.\n\t\tExcept as otherwise provided in this section, the Commonwealth shall not be liable for expenses a person incurs in bringing an action under this article.\n\t\tAny employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this article or other efforts to stop one or more violations of this article. Relief shall include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. Any relief awarded to an employee under this section shall be reduced by any amount awarded to the employee through a state or local grievance process. An action under this section may be brought in a court of competent jurisdiction for the relief provided in this section, but may not be brought more than three years after the date the discrimination occurred. This paragraph shall constitute a waiver of sovereign immunity and creates a cause of action by an employee against the Commonwealth if the Commonwealth is the employer responsible for the adverse employment action that would entitle the employee to the relief set forth in this paragraph.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14503,"edition_id":1,"name":"Virginia Fraud Against Taxpayers Act","identifier":"19.1","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:23","date_modified":"2026-06-26 03:48:23","permalink":{"id":280295,"object_type":"structure","relational_id":14503,"identifier":"19.1","token":"8.01\/3\/19.1","url":"\/8.01\/3\/19.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","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":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63269,"structure_id":14503,"section_number":"8.01-216.1","catch_line":"Citation","url":"\/8.01-216.1\/","token":"8.01\/3\/19.1\/8.01-216.1","metadata":false},{"id":80446,"structure_id":14503,"section_number":"8.01-216.10","catch_line":"Civil investigative demands; issuance; sharing information","url":"\/8.01-216.10\/","token":"8.01\/3\/19.1\/8.01-216.10","metadata":false},{"id":66800,"structure_id":14503,"section_number":"8.01-216.11","catch_line":"Civil investigative demands; contents and deadlines","url":"\/8.01-216.11\/","token":"8.01\/3\/19.1\/8.01-216.11","metadata":false},{"id":80475,"structure_id":14503,"section_number":"8.01-216.12","catch_line":"Civil investigative demands; protected material or information","url":"\/8.01-216.12\/","token":"8.01\/3\/19.1\/8.01-216.12","metadata":false},{"id":68310,"structure_id":14503,"section_number":"8.01-216.13","catch_line":"Civil investigative demands; service and jurisdiction","url":"\/8.01-216.13\/","token":"8.01\/3\/19.1\/8.01-216.13","metadata":false},{"id":69616,"structure_id":14503,"section_number":"8.01-216.14","catch_line":"Civil investigative demands; documentary material","url":"\/8.01-216.14\/","token":"8.01\/3\/19.1\/8.01-216.14","metadata":false},{"id":80936,"structure_id":14503,"section_number":"8.01-216.15","catch_line":"Civil investigative demands; interrogatories","url":"\/8.01-216.15\/","token":"8.01\/3\/19.1\/8.01-216.15","metadata":false},{"id":69043,"structure_id":14503,"section_number":"8.01-216.16","catch_line":"Civil investigative demands; oral examinations","url":"\/8.01-216.16\/","token":"8.01\/3\/19.1\/8.01-216.16","metadata":false},{"id":77256,"structure_id":14503,"section_number":"8.01-216.17","catch_line":"Civil investigative demands; custodian of documents; answers","url":"\/8.01-216.17\/","token":"8.01\/3\/19.1\/8.01-216.17","metadata":false},{"id":58226,"structure_id":14503,"section_number":"8.01-216.18","catch_line":"Civil investigative demands; judicial proceedings for noncompliance","url":"\/8.01-216.18\/","token":"8.01\/3\/19.1\/8.01-216.18","metadata":false},{"id":57943,"structure_id":14503,"section_number":"8.01-216.19","catch_line":"Application of the Rules of the Supreme Court","url":"\/8.01-216.19\/","token":"8.01\/3\/19.1\/8.01-216.19","metadata":false},{"id":70410,"structure_id":14503,"section_number":"8.01-216.2","catch_line":"Definitions","url":"\/8.01-216.2\/","token":"8.01\/3\/19.1\/8.01-216.2","metadata":false},{"id":86532,"structure_id":14503,"section_number":"8.01-216.3","catch_line":"False claims; civil penalty","url":"\/8.01-216.3\/","token":"8.01\/3\/19.1\/8.01-216.3","metadata":false},{"id":84880,"structure_id":14503,"section_number":"8.01-216.4","catch_line":"Attorney General; investigation, civil action","url":"\/8.01-216.4\/","token":"8.01\/3\/19.1\/8.01-216.4","metadata":false},{"id":55916,"structure_id":14503,"section_number":"8.01-216.5","catch_line":"Civil actions filed by private persons; Commonwealth may intervene","url":"\/8.01-216.5\/","token":"8.01\/3\/19.1\/8.01-216.5","metadata":false},{"id":75094,"structure_id":14503,"section_number":"8.01-216.6","catch_line":"Rights of private plaintiff and Commonwealth","url":"\/8.01-216.6\/","token":"8.01\/3\/19.1\/8.01-216.6","metadata":false},{"id":58483,"structure_id":14503,"section_number":"8.01-216.7","catch_line":"Award to private plaintiff","url":"\/8.01-216.7\/","token":"8.01\/3\/19.1\/8.01-216.7","metadata":false},{"id":75318,"structure_id":14503,"section_number":"8.01-216.8","catch_line":"Certain actions barred; relief from employment discrimination; waiver of sovereign immunity","url":"\/8.01-216.8\/","token":"8.01\/3\/19.1\/8.01-216.8","metadata":false},{"id":66313,"structure_id":14503,"section_number":"8.01-216.9","catch_line":"Procedure; statute of limitations","url":"\/8.01-216.9\/","token":"8.01\/3\/19.1\/8.01-216.9","metadata":false}],"previous_section":{"id":58483,"structure_id":14503,"section_number":"8.01-216.7","catch_line":"Award to private plaintiff","url":"\/8.01-216.7\/","token":"8.01\/3\/19.1\/8.01-216.7","metadata":false},"next_section":{"id":66313,"structure_id":14503,"section_number":"8.01-216.9","catch_line":"Procedure; statute of limitations","url":"\/8.01-216.9\/","token":"8.01\/3\/19.1\/8.01-216.9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-216.8\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 842<\/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 3 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 2011, chapters 651<\/a> and 676<\/a>; in 2012, chapter 479<\/a>; in 2014, chapter 403<\/a>.<\/p>","references":false,"refers_to":[{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"},{"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":280365,"object_type":"law","relational_id":75318,"identifier":"8.01-216.8","token":"8.01\/3\/19.1\/8.01-216.8","url":"\/8.01-216.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-216.8\/","token":"8.01\/3\/19.1\/8.01-216.8","dublin_core":{"Title":"Certain actions barred; relief from employment discrimination; waiver of sovereign immunity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-216.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No court<\/span> shall have jurisdiction<\/span> over any action brought under this article by an inmate incarcerated within a state or local correctional facility as defined in \u00a7 53.1-1<\/a>.\n\t\tNo court<\/span> shall have jurisdiction<\/span> over an action brought under this article against any department, authority, board, bureau, commission, or agency of the Commonwealth<\/span>, any political subdivision of the Commonwealth<\/span>, a member of the General Assembly, a member of the judiciary, or an exempt official<\/span> if the action is based on evidence<\/span> or information known to the Commonwealth<\/span> when the action was brought. For purposes of this section, “exempt official<\/span>” means the Governor, Lieutenant Governor, Attorney General<\/span> and the directors or members of any department, authority, board, bureau, commission or agency of the Commonwealth<\/span> or any political subdivision of the Commonwealth<\/span>.\n\t\tIn no event may a person<\/span> bring an action under this article that is based upon allegations<\/span> or transactions that are the subject of a civil suit<\/span> or an administrative proceeding in which the Commonwealth<\/span> is already a party<\/span>.\n\t\tThe court<\/span> shall dismiss an action or claim<\/span> under \u00a7 8.01-216.5<\/a> unless opposed by the Commonwealth<\/span> if substantially the same allegations<\/span> or transactions as alleged in the action or claim<\/span> were publicly disclosed in a criminal, civil or administrative hearing<\/span> in which the Commonwealth<\/span> or its agent is a party<\/span>, in a Virginia legislative, administrative, or Auditor of Public Accounts’ report, hearing<\/span>, audit, or investigation<\/span>, or from the news media, unless the action is brought by the Attorney General<\/span> or the person<\/span> bringing the action is an original source<\/span> of the information. For purposes of this section, “original source<\/span>” means an individual (i) who either prior to a public disclosure has voluntarily disclosed to the Commonwealth<\/span> the information on which the allegations<\/span> or transactions in a claim<\/span> are based or (ii) who has knowledge that is independent of and materially adds to the publicly disclosed allegations<\/span> or transactions and who has voluntarily provided the information to the Commonwealth<\/span> before filing an action under this article.\n\t\tExcept as otherwise provided in this section, the Commonwealth<\/span> shall not be liable for expenses a person<\/span> incurs in bringing an action under this article.\n\t\tAny employee<\/span>, contractor, or agent shall be entitled to all relief necessary to make that employee<\/span>, contractor, or agent whole, if that employee<\/span>, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee<\/span>, contractor, agent, or associated others in furtherance of an action under this article or other efforts to stop one or more violations of this article. Relief shall include reinstatement with the same seniority status that employee<\/span>, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages<\/span> sustained as a result of the discrimination, including litigation<\/span> costs and reasonable attorney fees. Any relief awarded to an employee<\/span> under this section shall be reduced by any amount awarded to the employee<\/span> through a state or local grievance process. An action under this section may be brought in a court<\/span> of competent jurisdiction<\/span> for the relief provided in this section, but may not be brought more than three years after the date the discrimination occurred. This paragraph shall constitute a waiver<\/span> of sovereign immunity and creates a cause of action<\/span> by an employee<\/span> against the Commonwealth<\/span> if the Commonwealth<\/span> is the employer<\/span> responsible for the adverse employment action that would entitle the employee<\/span> to the relief set forth in this paragraph.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN ACTIONS BARRED; RELIEF FROM EMPLOYMENT DISCRIMINATION; WAIVER OF\nSOVEREIGN IMMUNITY (\u00a7 8.01-216.8)\n\nNo court shall have jurisdiction over any action brought under this article by\nan inmate incarcerated within a state or local correctional facility as defined\nin \u00a7 53.1-1.\n\t\tNo court shall have jurisdiction over an action brought under this article\nagainst any department, authority, board, bureau, commission, or agency of the\nCommonwealth, any political subdivision of the Commonwealth, a member of the\nGeneral Assembly, a member of the judiciary, or an exempt official if the action\nis based on evidence or information known to the Commonwealth when the action\nwas brought. For purposes of this section, “exempt official” means\nthe Governor, Lieutenant Governor, Attorney General and the directors or members\nof any department, authority, board, bureau, commission or agency of the\nCommonwealth or any political subdivision of the Commonwealth.\n\t\tIn no event may a person bring an action under this article that is based upon\nallegations or transactions that are the subject of a civil suit or an\nadministrative proceeding in which the Commonwealth is already a party.\n\t\tThe court shall dismiss an action or claim under \u00a7 8.01-216.5 unless opposed\nby the Commonwealth if substantially the same allegations or transactions as\nalleged in the action or claim were publicly disclosed in a criminal, civil or\nadministrative hearing in which the Commonwealth or its agent is a party, in a\nVirginia legislative, administrative, or Auditor of Public Accounts’\nreport, hearing, audit, or investigation, or from the news media, unless the\naction is brought by the Attorney General or the person bringing the action is\nan original source of the information. For purposes of this section,\n“original source” means an individual (i) who either prior to a\npublic disclosure has voluntarily disclosed to the Commonwealth the information\non which the allegations or transactions in a claim are based or (ii) who has\nknowledge that is independent of and materially adds to the publicly disclosed\nallegations or transactions and who has voluntarily provided the information to\nthe Commonwealth before filing an action under this article.\n\t\tExcept as otherwise provided in this section, the Commonwealth shall not be\nliable for expenses a person incurs in bringing an action under this article.\n\t\tAny employee, contractor, or agent shall be entitled to all relief necessary\nto make that employee, contractor, or agent whole, if that employee, contractor,\nor agent is discharged, demoted, suspended, threatened, harassed, or in any\nother manner discriminated against in the terms and conditions of employment\nbecause of lawful acts done by the employee, contractor, agent, or associated\nothers in furtherance of an action under this article or other efforts to stop\none or more violations of this article. Relief shall include reinstatement with\nthe same seniority status that employee, contractor, or agent would have had but\nfor the discrimination, two times the amount of back pay, interest on the back\npay, and compensation for any special damages sustained as a result of the\ndiscrimination, including litigation costs and reasonable attorney fees. Any\nrelief awarded to an employee under this section shall be reduced by any amount\nawarded to the employee through a state or local grievance process. An action\nunder this section may be brought in a court of competent jurisdiction for the\nrelief provided in this section, but may not be brought more than three years\nafter the date the discrimination occurred. This paragraph shall constitute a\nwaiver of sovereign immunity and creates a cause of action by an employee\nagainst the Commonwealth if the Commonwealth is the employer responsible for the\nadverse employment action that would entitle the employee to the relief set\nforth in this paragraph.\n\nHISTORY: 2002, c. 842; 2011, cc. 651, 676; 2012, c. 479; 2014, c. 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}}