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HB 1216

Retaliatory action against employee prohibited; remedies available.

2026 Regular Session Introduced by Karrie Delaney

HB 1216 prohibits Virginia employers from retaliating against employees for reporting violations and provides legal remedies including reinstatement and damages for affected workers.

Subcommittee recommends incorporating into HB930-Simon (Voice Vote)
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Bill Summary · HB 1216

Legislative bill overview

HB 1216 prohibits employers from taking retaliatory action against employees who report workplace violations, safety concerns, or engage in protected activities. The bill establishes legal remedies for employees who experience retaliation, including potential reinstatement, back pay, and damages.

Why is this important

Retaliation protections are critical for maintaining workplace safety and regulatory compliance, as employees are more likely to report hazardous conditions or illegal practices without fear of job loss. Without such protections, violations go unreported and workers bear the burden of unsafe or unlawful employer practices, affecting both individual livelihoods and public health/safety standards.

Potential points of contention

  • Definition scope: Disagreement over what constitutes "retaliatory action" and which employee disclosures are protected (e.g., internal complaints vs. external reporting to agencies)
  • Burden of proof: Whether employees or employers bear the burden of proving retaliation was the primary motive, particularly in at-will employment states
  • Remedy limitations: Debate over whether remedies are sufficiently punitive to deter violations or whether they create excessive liability for employers, especially small businesses

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

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