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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>75318</law_id><section_number>8.01-216.8</section_number><catch_line>Certain actions barred; relief from employment discrimination; waiver of sovereign immunity</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="3">Actions</unit><unit label="article" level="3" order_by="1" identifier="19.1">Virginia Fraud Against Taxpayers Act</unit></structure><text>
						<section><p>No <span class="dictionary">court</span> shall have <span class="dictionary">jurisdiction</span> over any action brought under this article by an inmate incarcerated within a state or local correctional facility as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/53.1-1/">53.1-1</a>.
		No <span class="dictionary">court</span> shall have <span class="dictionary">jurisdiction</span> over an action brought under this article against any department, authority, board, bureau, commission, or agency of the <span class="dictionary">Commonwealth</span>, any political subdivision of the <span class="dictionary">Commonwealth</span>, a member of the General Assembly, a member of the judiciary, or an <span class="dictionary">exempt official</span> if the action is based on <span class="dictionary">evidence</span> or information known to the <span class="dictionary">Commonwealth</span> when the action was brought. For purposes of this section, &#x201C;<span class="dictionary">exempt official</span>&#x201D; means the Governor, Lieutenant Governor, <span class="dictionary">Attorney General</span> and the directors or members of any department, authority, board, bureau, commission or agency of the <span class="dictionary">Commonwealth</span> or any political subdivision of the <span class="dictionary">Commonwealth</span>.
		In no event may a <span class="dictionary">person</span> bring an action under this article that is based upon <span class="dictionary">allegations</span> or transactions that are the subject of a civil <span class="dictionary">suit</span> or an administrative proceeding in which the <span class="dictionary">Commonwealth</span> is already a <span class="dictionary">party</span>.
		The <span class="dictionary">court</span> shall dismiss an action or <span class="dictionary">claim</span> under &#xA7;&#xA0;<a class="law" title="Civil actions filed by private persons; Commonwealth may intervene" href="/8.01-216.5/">8.01-216.5</a> unless opposed by the <span class="dictionary">Commonwealth</span> if substantially the same <span class="dictionary">allegations</span> or transactions as alleged in the action or <span class="dictionary">claim</span> were publicly disclosed in a criminal, civil or administrative <span class="dictionary">hearing</span> in which the <span class="dictionary">Commonwealth</span> or its agent is a <span class="dictionary">party</span>, in a Virginia legislative, administrative, or Auditor of Public Accounts&#x2019; report, <span class="dictionary">hearing</span>, audit, or <span class="dictionary">investigation</span>, or from the news media, unless the action is brought by the <span class="dictionary">Attorney General</span> or the <span class="dictionary">person</span> bringing the action is an <span class="dictionary">original source</span> of the information. For purposes of this section, &#x201C;<span class="dictionary">original source</span>&#x201D; means an individual (i) who either prior to a public disclosure has voluntarily disclosed to the <span class="dictionary">Commonwealth</span> the information on which the <span class="dictionary">allegations</span> or transactions in a <span class="dictionary">claim</span> are based or (ii) who has knowledge that is independent of and materially adds to the publicly disclosed <span class="dictionary">allegations</span> or transactions and who has voluntarily provided the information to the <span class="dictionary">Commonwealth</span> before filing an action under this article.
		Except as otherwise provided in this section, the <span class="dictionary">Commonwealth</span> shall not be liable for expenses a <span class="dictionary">person</span> incurs in bringing an action under this article.
		Any <span class="dictionary">employee</span>, contractor, or agent shall be entitled to all relief necessary to make that <span class="dictionary">employee</span>, contractor, or agent whole, if that <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">damages</span> sustained as a result of the discrimination, including <span class="dictionary">litigation</span> costs and reasonable attorney fees. Any relief awarded to an <span class="dictionary">employee</span> under this section shall be reduced by any amount awarded to the <span class="dictionary">employee</span> through a state or local grievance process. An action under this section may be brought in a <span class="dictionary">court</span> of competent <span class="dictionary">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 <span class="dictionary">waiver</span> of sovereign immunity and creates a <span class="dictionary">cause of action</span> by an <span class="dictionary">employee</span> against the <span class="dictionary">Commonwealth</span> if the <span class="dictionary">Commonwealth</span> is the <span class="dictionary">employer</span> responsible for the adverse employment action that would entitle the <span class="dictionary">employee</span> to the relief set forth in this paragraph.</p></section></text><history>2002, c. 842; 2011, cc. 651, 676; 2012, c. 479; 2014, c. 403.</history><metadata></metadata></law>
