| 2/16/2026 |
SB 644
SEN. SUROVELL
1. Line 6, substitute, Title, after 11-4.6,
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SEN. SUROVELL
2. Line 10, substitute, after 11-4.6,
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SEN. SUROVELL
3. Line 206, substitute, after E.
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the remainder of line 206, all of lines 207 through 214, and through F. on line 215
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The Commissioner, the Attorney General, or any person who alleges a violation of this section may bring a civil action. The person alleging such violation shall prevail upon a showing that protected activity under this section was a contributing factor in the employer's decision to take a retaliatory action. It shall be an affirmative defense if an employer can show it would have taken the same action in the absence of activity protected by this section.
F. A person who suffers loss as the result of a violation of this section may bring a civil action. In any action, a person may recover (i) actual damages; (ii) reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position; (iii) any other damages, including lost wages and benefits; (iv) punitive damages if such violation was malicious or willful and wanton; (v) reasonable attorney fees; (vi) litigation expenses; and (vii) other relief authorized § 8.01-382 or Chapter 6 (§ 17.1-600 et seq.) of Title 17.1. In any action brought by the Commissioner or the Attorney General, or brought as a class action, the plaintiff may also seek injunctive relief to restrain continued violation of this section.
G. Any action under this section shall be brought within two years and shall accrue after such person learns or should have learned of the employer's prohibited retaliatory action in the exercise of due diligence.
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SEN. SUROVELL
4. At the beginning of line 217, substitute
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I.
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5. After line 435, substitute
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2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 725 of the Acts of Assembly of 2025 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.