A BILL to amend and reenact § 40.1-27.3 of the Code of Virginia, relating to retaliatory action against employee prohibited; remedies available.
HB1216 amends Virginia’s whistleblower-retaliation statute, § 40.1-27.3, to expand and clarify protections for employees who report legal violations, cooperate with investigations, refuse to participate in unlawful conduct, or provide information or testimony to government or law-enforcement officials. The bill keeps the core prohibition on employer retaliation but makes clear that a good-faith report does not need to cite a specific statute or regulation, so long as the employee is reporting a violation in good faith.
The bill also revises the civil-enforcement provision. It extends the time to file a lawsuit from one year to two years after the employer’s most recent retaliatory act, and it authorizes remedies including lost wages, benefits, and other remuneration, interest, reinstatement, injunctions, attorney fees and costs, and treble damages for willful violations. The bill preserves existing limits that prevent disclosure of protected data, false statements, or disclosures that would violate confidentiality or other legal protections.
HB1216 would strengthen and broaden the enforcement of Virginia’s employee anti-retaliation law by giving workers more time to sue and by clarifying the scope of protected whistleblowing activity. It affects employers across the Commonwealth by increasing potential liability for retaliatory conduct and by expanding the remedies available to prevailing employees under § 40.1-27.3. The bill would also make the statute more explicit that employees need not identify the exact law violated when making a good-faith report.
The available context suggests generally favorable treatment of the bill, with no recorded committee debate or roll-call vote opposition in the materials provided. The bill was ultimately incorporated into another measure, HB930 (Simon), by voice vote, which indicates it moved forward without documented recorded controversy in the available history. Overall, the posture appears supportive of stronger worker protections and whistleblower remedies.
The main policy issues likely concern the expanded exposure for employers: a longer limitations period, broader protected activity, and the addition of treble damages for willful violations. Employers and business interests may view these changes as increasing litigation risk and compliance costs, while employee advocates are likely to support the bill as a needed clarification and strengthening of whistleblower protections. The bill also preserves limits on disclosures of protected or confidential information, which helps address concerns about overbroad reporting rights.