                                 CODE OF VIRGINIA

DISCRIMINATION AGAINST PERSONS WHO SERVE IN THE VIRGINIA NATIONAL GUARD,
VIRGINIA DEFENSE FORCE, OR NATIONAL GUARD OF ANOTHER STATE AND ACTS OF REPRISAL
PROHIBITED (§ 44-93.4)

A. 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.

B. 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&#8217;s membership, application for
membership, performance of service, application for service, or obligation for
service is a motivating factor in that person&#8217;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&#8217;s membership,
application for membership, performance of service, application for service, or
obligation for service.

HISTORY: 2002, c. 354; 2007, cc. 167, 214; 2011, cc. 572, 586; 2015, c. 221;
2016, c. 327; 2018, c. 216.