44-93.4 - Discrimination against persons who serve in the Virginia National Guard, Virginia State Defense Force, or naval militia; and acts of reprisal prohibited. - Virginia Statutes

§ 44-93.4. Discrimination against persons who serve in the Virginia NationalGuard, Virginia State Defense Force, or naval militia; and acts of reprisalprohibited.

A. A member of the Virginia National Guard, Virginia State Defense Force ornaval militia who performs, has performed, applies to perform, or has anobligation to perform state active duty or military duty pursuant to Title 32of the United States Code shall not be denied initial employment,reemployment, retention in employment, promotion, or any benefit ofemployment by an employer on the basis of that membership, application formembership, performance of service, application for service, or obligation.

B. A person shall be considered to have denied a member of the VirginiaNational Guard, Virginia State Defense Force or naval militia initialemployment, reemployment, retention in employment, promotion, or a benefit ofemployment in violation of this section if the member's membership,application for membership, performance of service, application for service,or obligation for service is a motivating factor in that person's action,unless the person can prove by the greater weight of the evidence that thesame unfavorable action would have taken place in the absence of the member'smembership, application for membership, performance of service, applicationfor service, or obligation for service.

(2002, c. 354; 2007, cc. 167, 214.)