HB722 • 2026

Protection of employees; retaliatory action against employee prohibited.

<p class=ldtitle>A BILL to amend and reenact § 40.1-27.3 of the Code of Virginia, relating to protection of employees; retaliatory action against employee prohibited.</p>

Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Leftwich
Last action: 2026-02-10
Official status: Incorporated
Effective date: Not listed

Plain English Breakdown

The official source material does not provide specific details about the effective date or any additional limitations beyond those explicitly stated in the bill text.

Protection for Workers Reporting Violations

This law stops employers from punishing workers who report violations of federal or state laws and regulations.

What This Bill Does

Defines 'federal or state law or regulation' to include any U.S. law, Virginia law, and rules published as final rules in the Federal Register or Virginia Administrative Code.
Forbids employers from taking retaliatory actions against workers who report violations of these laws or regulations.
Does not protect workers if they make false statements when reporting.
Allows workers to sue their employer in court within a year if the employer punishes them for reporting.

Who It Names or Affects

Workers who report violations of federal or state laws and regulations
Employers who might punish workers for reporting these violations

Terms To Know

Retaliatory action: Bad actions taken by an employer against a worker, like firing them or giving them less pay.
Civil action: A lawsuit that someone can file in court to get justice for unfair treatment.

Limits and Unknowns

Does not protect workers who make false statements when reporting violations.
Does not apply if the violation is covered by a different part of Virginia law and has its own remedy process.

Bill History

2026-02-10 Labor and Commerce
Incorporated by Labor and Commerce (HB930-Simon) (Voice Vote)
2026-02-05 Subcommittee #2
Subcommittee recommends incorporating (Voice Vote)
2026-01-30 House
Fiscal Impact Statement from Department of Planning and Budget (HB722)
2026-01-20 Subcommittee #2
Assigned HCL sub: Subcommittee #2
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26102275D
2026-01-13 Labor and Commerce
Referred to Committee on Labor and Commerce

Official Summary Text

Protection of employees; retaliatory action against employee prohibited.
Provides that, for the purposes of the prohibition on an employer's retaliatory action against an employee for reporting a violation of a federal or state law or regulation, "federal or state law or regulation" means any federal law, any law of the Commonwealth, and any regulation published as a final rule in the Federal Register or the Virginia Administrative Code. The bill also provides that such prohibition does not apply to discrimination against an employee for exercising rights relating to safety and health provisions of existing law; such discrimination is prohibited under existing law and subject to different remedies.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §
40.1-27.3
of the Code of Virginia, relating to protection of employees; retaliatory action against employee prohibited.

Be it enacted by the General Assembly of Virginia:

1. That §
40.1-27.3
of the Code of Virginia is amended and reenacted as follows:

§
40.1-27.3
. Retaliatory action against employee prohibited.

A.
As used in this section, "federal or state law or regulation" means any federal law, any law of the Commonwealth, and any regulation
published as a final rule in the Federal Register or the Virginia Administrative Code.

B.
No

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.

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 regulation
or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law.

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.

E
. No
twithstanding subsection
B
, no
provision of this section shall apply to
a
violation of §
40.1-51.2:1
that
may be remedied pursuant to the provisions of §
40.1-51.2:2
.