2006 Code of Virginia § 8.01-216.8 - Certain actions barred; relief from employment discrimination

8.01-216.8. Certain actions barred; relief from employment discrimination.

No court shall have jurisdiction over an action brought under 8.01-216.5based on information discovered by a present or former employee of theCommonwealth during the course of his employment unless that employee first,in good faith, exhausted existing internal procedures for reporting andseeking recovery of the falsely claimed sums through official channels andunless the Commonwealth failed to act on the information provided within areasonable period of time.

No court shall have jurisdiction over any action brought under this articleby an inmate incarcerated within a state or local correctional facility asdefined in 53.1-1.

No court shall have jurisdiction over an action brought under this articleagainst any department, authority, board, bureau, commission, or agency ofthe Commonwealth, any political subdivision of the Commonwealth, a member ofthe General Assembly, a member of the judiciary, or an exempt official if theaction is based on evidence or information known to the Commonwealth when theaction was brought. For purposes of this section, "exempt official" meansthe Governor, Lieutenant Governor, Attorney General and the directors ormembers of any department, authority, board, bureau, commission or agency ofthe Commonwealth or any political subdivision of the Commonwealth.

In no event may a person bring an action under this article that is basedupon allegations or transactions that are the subject of a civil suit or anadministrative proceeding in which the Commonwealth is already a party.

No court shall have jurisdiction over an action under this article based uponthe public disclosure of allegations or transactions in a criminal, civil oradministrative hearing, in a legislative, administrative, or Auditor ofPublic Accounts' report, hearing, audit, or investigation, or from the newsmedia, unless the action is brought by the Attorney General or the personbringing the action is an original source of the information. For purposes ofthis section, "original source" means an individual who has direct andindependent knowledge of the information on which the allegations are basedand has voluntarily provided the information to the Commonwealth beforefiling an action under this article that is based on the information.

The Commonwealth shall not be liable for expenses a person incurs in bringingan action under this article.

Any employee who is discharged, demoted, suspended, threatened, harassed, orin any other manner discriminated against in the terms and conditions ofemployment by his employer because he has opposed any practice referenced in 8.01-216.3 or because he has initiated, testified, assisted, orparticipated in any manner in any investigation, action or hearing under thisarticle, shall be entitled to all relief necessary to make the employeewhole. Such relief shall include reinstatement with the same seniority statussuch employee would have had but for the discrimination, two times the amountof back pay, interest on the back pay, and compensation for any specialdamages sustained as a result of the discrimination, including litigationcosts and reasonable attorneys' fees. An employee may bring an action in acourt of competent jurisdiction for the relief provided in this section.

(2002, c. 842.)