Bill Text: VA HB1258 | 2024 | Regular Session | Prefiled
Bill Title: Employee protections; discipline for political activity or affiliations prohibited.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-02-06 - Tabled in Labor and Commerce (11-Y 10-N) [HB1258 Detail]
Download: Virginia-2024-HB1258-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §40.1-27.3 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 40.1-27.5 as follows:
§40.1-27.3. Retaliatory action against employee prohibited.
A. An employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment, because the employee:
1. Or a person acting on behalf of the employee in good faith reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official;
2. Is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry;
3. Refuses to engage in a criminal act that would subject the employee to criminal liability;
4. Refuses an employer's order to perform an action that
violates any federal or state law or regulation and the employee informs the
employer that the order is being refused for that reason; or
5. Provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation; or
6. Engages in or refuses to engage in any political activity or affiliations as described in §40.1-27.5.
B. This section does not:
1. Authorize an employee to make a disclosure of data otherwise protected by law or any legal privilege;
2. Permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth; or
3. Permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law.
C. A person who alleges a violation of this section may bring a civil action in a court of competent jurisdiction within one year of the employer's prohibited retaliatory action. The court may order as a remedy to the employee (i) an injunction to restrain continued violation of this section, (ii) the reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position, and (iii) compensation for lost wages, benefits, and other remuneration, together with interest thereon, as well as reasonable attorney fees and costs.
§40.1-27.5. Discipline for employee's lawful political activity or affiliations prohibited.
A. As used in this section:
"Affiliations" means matters relating to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political, civic, community, fraternal, or labor organization.
"Political activity" means (i) running for public office; (ii) campaigning for a candidate for public office; or (iii) participating in fundraising activities for the benefit of a candidate, political party, or political advocacy group. "Political activity" refers to lawful activity and matters conducted off the employer's premises during nonworking hours that is not in direct conflict with the essential business-related interests of the employer.
B. No employer shall direct the political activity or affiliations of an employee.
C. No employer shall discharge, discipline, or discriminate against an employee for such employee's lawful engagement in any political activity or affiliations or for refusing to engage in any political activity or affiliations.
D. No employer shall refuse to hire, employ, or license an individual on the basis of such individual's lawful engagement in any political activity or affiliations or for refusing to engage in any political activity or affiliations.
E. An employer shall not be in violation of this section where the employer takes action based on the belief that the employer's actions were required by statute, regulation, ordinance, or other government mandate.
F. Nothing in this section shall apply to individuals who have a professional services contract with an employer and the unique nature of the services provided is such that the employer shall be permitted, as part of such professional services contract, to limit the off-duty activities in which such individuals may engage.
G. The provisions of this section shall not apply to a religious corporation, entity, association, educational institution, or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 (42 U.S.C. §000e-1(a)) with respect to speech on religious matters or to employees who perform work connected with the activities undertaken by such religious corporation, entity, association, educational institution, or society.
