Virginia Senate Bill SB465

Virginia 2022 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Employee protections; candidacy for or service in the General Assembly.

Impact

The enactment of SB465 is expected to significantly impact employment law in Virginia, particularly regarding employees who act in good faith to report violations or refuse illegal directives. By empowering employees with clearer protections, the bill aims to cultivate a workplace environment where legal compliance and ethical conduct are prioritized. If passed, it would broaden the definition of protected activities and provide employees with the ability to pursue civil action against employers who retaliate against them. This change could foster greater accountability for employers and encourage more individuals to report misconduct without fear of retribution.

Summary

SB465 amends § 40.1-27.3 of the Code of Virginia to strengthen protections for employees against retaliatory actions taken by employers. The bill explicitly prohibits employers from engaging in acts of retaliation against employees who report violations of federal or state laws, refuse to perform illegal acts, or participate in government investigations. Notably, SB465 extends protections to employees who are candidates for or are serving in the General Assembly, thereby addressing potential issues of retaliation in the political arena. This inclusion is intended to encourage transparency and accountability within governmental affairs.

Contention

Despite its protective intentions, SB465 has faced some contention, particularly around the implications of extending protections to General Assembly candidates and members. Critics may argue that this aspect of the bill could introduce conflicts of interest or raise questions about the political motivations behind employee actions. Additionally, there is a concern that the broadened terms of what constitutes retaliatory action may lead to increased litigation against employers, possibly resulting in unintended consequences for businesses. Discussions surrounding the balance between protecting employee rights and supporting employer interests are likely to continue as the bill proceeds through the legislative process.