A new piece of legislation, dubbed the ‘Sexual Assault Employer Accountability Act’ (HB 1730), could fundamentally reshape employer liability in Virginia when it comes to sexual assault committed by employees or agents. Historically, under Virginia common law, employers were rarely held responsible for an employee’s intentional criminal acts unless those acts were committed within the course and scope of employment. However, HB 1730 introduces a statutory presumption that significantly expands the potential for employer liability in these cases, making it easier for victims to seek justice.
Understanding Employer Liability Under Current Virginia Law
Under traditional Virginia law, an employer can only be held responsible for the wrongful acts of an employee if those acts occurred within the scope of employment—meaning the act was committed in furtherance of the employer’s business. Courts have historically been reluctant to include sexual assault within this definition, ruling that such acts are inherently personal and outside the scope of employment.
Notable Virginia Supreme Court decisions, such as A.H. v. Church of God in Christ, Inc. (2019) and Parker v. Carilion Clinic (2018), have upheld this strict interpretation. Even when an employee used their position to gain access to a victim, courts often found that employers were not liable because the act was not conducted in service of the employer.
How HB 1730 Changes the Legal Landscape
House Bill 1730 directly challenges the restrictive common law approach by introducing a statutory presumption of liability in specific circumstances. Under the proposed law, an act of sexual assault by an employee or agent will be deemed to have occurred within the scope of employment if:
- The employment or agency relationship provided access to the victim, and
- The act occurred:
- On premises owned or operated by the employer;
- At a location where the employee was required to work; or
- In or around a vehicle provided by the employer.
This represents a major expansion of employer liability, as it removes the traditional requirement that the act must be directly tied to business operations.
How HB 1730 Would Help Victims
This bill is a significant step forward for victims of workplace sexual assault. Here’s how it would improve access to justice:
- Easier Path to Compensation
- Under the current system, many victims face an uphill battle proving employer liability. By shifting the burden of proof, HB 1730 makes it easier to hold employers accountable when their employees commit sexual assault in workplace settings.
- Encouraging Institutional Responsibility
- Knowing they could be held liable under broader circumstances, employers will be incentivized to implement stronger protections against sexual assault, including more robust hiring practices, workplace policies, and reporting procedures.
- Justice Regardless of Criminal Convictions
- HB 1730 explicitly allows civil lawsuits even if the perpetrator has not been criminally charged or convicted, removing a major barrier that often prevents victims from seeking justice.
Potential Implications for Employers
While HB 1730 aims to improve victim protections, it also signals a wake-up call for businesses and organizations across Virginia. Employers should take proactive measures, such as:
- Enhanced Background Checks – Ensuring thorough vetting processes to reduce hiring risks.
- Stronger Workplace Training – Implementing mandatory sexual harassment and misconduct training.
- Clear Reporting Mechanisms – Encouraging a culture where employees feel safe reporting inappropriate behavior.
- Liability Insurance Review – Updating policies to reflect new legal risks under HB 1730.
Conclusion
If enacted, the Sexual Assault Employer Accountability Act (HB 1730) would mark a significant turning point in Virginia’s legal approach to employer liability for sexual assault. By broadening the scope of when an employer can be held accountable, the bill prioritizes victim rights and workplace safety while compelling businesses to take stronger preventive measures.
For victims, this legislation offers a new and powerful legal tool to seek justice. For employers, it underscores the importance of fostering a safe and accountable work environment.
If you have been affected by workplace sexual assault and need legal guidance, our firm is here to help. Contact us today to discuss your rights and options under Virginia law.