GOVERNOR'S VETO

Pursuant to Article V, Section 6 of the Constitution of Virginia, I veto House Bill 569, which requires employee notification of federal and state statutes of limitations. 

The proposed expansion of employer obligations and broadened definition of employer will disproportionately affect small businesses and nonprofits in the Commonwealth.  

Under this proposal, employers must notify employees in writing of their right to file charges with the Equal Employment Opportunity Commission (EEOC) of the Office of the Attorney General (OAG) during any new employee orientation, workplace conduct training, or after receiving any complaint that an employee may pursue through the EEOC or the OAG.  

Small businesses, especially those lacking legal expertise, would be required to provide filing instructions amidst various workplace scenarios. This requirement places a heavy burden on small businesses, forcing them to consistently remember to provide employees with information.  

For instance, a small retail establishment that hires a temporary, seasonal employee could face litigation risk simply for not mentioning filing instructions during a cashier's orientation, or a small restaurant may be liable for not being aware that harassment can extend beyond the victim, including offensive conduct affecting anyone, even those without economic injury, and that non-employees can be harassers.   

Employers are not legal counselors and should not be expected to provide legal advice to employees regarding potential legal actions against their own companies.  

While the proposal may aim to bolster employee protections, its practical application poses significant challenges and heightens litigation risks for small businesses. 

Accordingly, I veto this bill.