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Bill

HB 1364

Employment discrimination against members of the General Assembly; prohibition, penalty.

2026 Regular Session Introduced by J.R. Henson

Prohibits Virginia employers from discriminating against employees for serving or having served in the General Assembly, with specified penalties for violations.

Subcommittee recommends continuing to (Voice Vote)
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Bill Summary · HB 1364

Legislative bill overview

HB 1364 prohibits employers from discriminating against or retaliating against employees based on their status as current or former members of the Virginia General Assembly. The bill establishes penalties for violations and creates protections for legislators regarding their employment rights outside of legislative service.

Why is this important

This addresses a practical conflict of interest where employers might penalize employees for taking time away for legislative duties or punish them for legislative votes/positions taken. It ensures that public service in the legislature doesn't jeopardize someone's private sector employment, potentially encouraging broader participation in government.

Potential points of contention

  • Scope and burden of proof: Defining what constitutes discrimination "because of" legislative status versus standard employment decisions could be legally complex and create litigation over causation
  • Employer concerns: Business groups may worry about constraints on legitimate employment decisions and the administrative burden of defending against discrimination claims
  • Enforcement mechanism: The bill's penalty structure and enforcement process are not detailed in available information, raising questions about how violations would be prosecuted and remedies provided

Compiled from official sources — confirm details with the bill’s official record.

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