Whistleblower Protection Law Summaries

Whistleblower Protection Law Summaries

Virginia, Whistleblower Protection Law Summaries

Virginia's whistleblower provisions are located in Title 40.1 of the Code of Virginia.

DEFINITIONS

“Employee” under Sec. 40.1-51.2:1 means an employee of an employer who is employed in a business of his or her employer (Sec. 40.1-49.3).

“Person” under Sec. 40.1-51.2:1 means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons (Sec. 40.1-49.3).

“Employer” under Sec. 40.1-51.2:1 means any person or entity engaged in business who has employees, but does not include the United States (Sec. 40.1-49.3).

“Prohibited acts:” No person may discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of Title 40.1 for themselves or others (Sec. 40.1-51.2:1).

COVERAGE

No “person” may act in the manner prohibited under Sec. 40.1-51.2:1. “Person” under Sec. 40.1-51.2:1 means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons (Sec. 40.1-49.3).

“Employees” protected under Sec. 40.1-51.2:1 means an employee of an employer who is employed in a business of his employer (Sec. 40.1-49.3).

PROCEDURES

Any employee who believes that he or she has been discharged or otherwise discriminated against in violation of Sec. 40.1-51.2:1 may, within 60 days after the occurrence of such violation, file a complaint with the Commissioner of Labor and Industry alleging such violation. The employee shall be prohibited from seeking relief under this section if he or she fails to file such complaint within the 60-day time period. Upon receipt of the complaint, the Commissioner must investigate the allegations as the Commissioner deems fit. If, upon such investigation, the Commissioner determines that the provisions of Sec. 40.1-51.2:1 have been violated, the Commissioner must attempt by conciliation to have the violation abated without economic loss to the employee (Sec. 40.1-51.2:2, as amended by Ch. 789 (H. 1834), L. 2004, and by Ch. 743 (S. 971), L. 2004, both enacted March 26, 2005).

In the event that a voluntary agreement cannot be reached, the Commissioner must then bring an action in the circuit court. Should the Commissioner, based on the results of the investigation of the complaint, refuse to issue a charge against the alleged violator, the employee may bring an action in the circuit court for appropriate relief (Sec. 40.1-51.2:2, as amended by Ch. 789 (H. 1834), L. 2004, and by Ch. 743 (S. 971), L. 2004, both enacted March 26, 2005).

WHAT THE EMPLOYER MUST DO

Safety and health.- No person may discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified or otherwise acted to exercise rights under the safety and health provisions of Title 40.1 for themselves or others (Sec. 40.1-51.2:1).

Patient safety.- No employer shall take retaliatory action against an employee who in good faith makes a report of patient safety data to a patient safety organization (Sec. 8.01-581.17, as amended by Ch. 675 (S. 316), L. 2002).

Hospitals.- No hospital may retaliate or discriminate against any person who (1) in good faith complains or provides information to, or otherwise cooperates with, the State Department of Health or any other agency of government or any person or entity operating under contract with an agency of government having responsibility for protecting the rights of patients of hospitals, or (2) attempts to assert any right protected by state or federal law (Sec. 32.1-125.4, as added by Ch. 309 (H. 1814), L. 2002).

ENFORCEMENT

The Commissioner of Labor and Industry has the responsibility of enforcing Sec. 40.1-51.2:1 provisions.