New Virginia Law Expands Whistleblowers Protection

Effective July 1, 2020, the new statute, which you can access here, prohibits employers from discharging, disciplining, threatening, discriminating against, penalizing, or taking other retaliatory action against an employee because of the employee.

• Reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official;
• Is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; 
• Refuses to engage in a criminal act that would subject the employee to criminal liability; 
• Refuses an employer’s order to do something that violates a federal or state law or regulation if the employee informs the employer that he or she refuses to comply for that reason; or 
• 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. 

Though broad, the statute’s protections are not without limit. Specifically exempted are:

• Employee disclosures of data that is otherwise protected by law or any legal privilege;
• Statements or disclosures that the disclosing employee knows are false or that the employee makes in reckless disregard of the truth; and 
• Employee 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.

Grievants under the statute may bring a civil action seeking injunctive relief, reinstatement, and compensation for lost wages, benefits, and other remuneration.