Virginia HB 944: Workplace violence; policy required for certain employers, civil penalty, delayed effective date.

Bill Text

2026 SESSION

INTRODUCED

26103286D

HOUSE BILL NO. 944

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact § 40.1-27.3 of the Code of Virginia and to amend the Code of Virginia by adding in Article 5 of Chapter 3 of Title 40.1 a section numbered 40.1-51.4:6, relating to workplace violence policy required for certain employers; civil penalty.

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Patrons—Clark, Anthony, Cole, N.T., Henson, Schmidt, Shin and Sullivan

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Referred to Committee on Labor and Commerce

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Be it enacted by the General Assembly of Virginia:

1. That § 40.1-27.3 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 5 of Chapter 3 of Title 40.1 a section numbered 40.1-51.4:6 as follows:

§ 40.1-27.3. Retaliatory action against employee prohibited.

A. An 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; or

6. Reports an incident of workplace violence under a policy developed pursuant to § 40.1-51.4:6 or otherwise.

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

C. 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.

§ 40.1-51.4:6. Workplace violence; employer policy required; civil penalty.

A. For the purposes of this section:

"Employer" means an employer of 100 or more employees.

"Workplace violence" means any act of violence or threat of violence, without regard to intent, that occurs at an employer's workplace while an employee performs work duties. "Workplace violence" includes intimidation, bullying, verbal abuse and threats, harassment, assault, refusal to obey workplace policies, sabotaging or stealing workplace equipment, sabotaging or stealing from others in the workplace, suicidal threats, physical fights, destruction of property, displays of extreme rage, and the use of weapons to harm others.

B. Each employer shall develop, implement, and maintain an effective workplace violence policy that provides a mechanism for employees to report workplace violence and measures to protect employees from workplace violence based on the requirements of this section no later than January 1, 2027.

C. An employer's workplace violence policy shall be tailored and specific to conditions and hazards for the employer's workplace, including job-specific risk factors and risk factors specific to each work area or unit. Such policy shall be suitable for the size, complexity, and type of operations at the employer's workplace and shall remain in effect at all times. Such policy may be developed in consultation with stakeholders or experts who specialize in workplace violence prevention, emergency response, or other related areas of expertise for all relevant aspects of the policy.

D. Each workplace violence policy developed pursuant to this section shall include procedures and methods for (i) identifying the individual or team responsible for implementation of the policy; (ii) reporting instances, threats, concerns, risks, and hazards of workplace violence to the responsible individual or team;