Virginia § 44-93.4 - Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited
Full text of Virginia Code of Virginia § 44-93.4 — Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited, with citation guidance and answers to common questions.
§ 44-93.4. Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited
A. A member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, who performs, has performed, applies to perform, or has an obligation to perform state active duty or military duty pursuant to Title 32 of the United States Code shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer within the Commonwealth on the basis of that membership, application for membership, performance of service, application for service, or obligation.
B. A person shall be considered to have denied a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, initial employment, reemployment, retention in employment, promotion, or a benefit of employment within the Commonwealth 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 the same unfavorable action would have taken place in the absence of the member's membership, application for membership, performance of service, application for service, or obligation for service.
2002, c. 354; 2007, cc. 167, 214; 2011, cc. 572, 586; 2015, c. 221; 2016, c. 327; 2018, c. 216.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 44-93.4
What does Code of Virginia § 44-93.4 cover?
Section 44-93.4 ("Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 44-93.4?
A common citation format is "Code of Virginia § 44-93.4" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 44-93.4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.