On July 1, 2025, the ‘Sexual Assault Employer Accountability Act,’ Virginia House Bill 1730 (“HB 1730”), took effect, broadening access for victim recovery and expanding potential liability for Virginia employers.

The bill amends existing Virginia employer liability laws to expressly permit employers to be held vicariously liable for personal injury or wrongful death of a “vulnerable victim” caused by the intentional or wrongful acts of an employee—even where the employee is not necessarily acting within the scope of his or her employment—if the employer was on notice that the employee would have access to vulnerable victims and did not provide adequate oversight.

This development warrants close attention from businesses across all industries, particularly those involving close contact with vulnerable populations. Below, we explain the key provisions of the new law, highlight its potential impacts, and suggest proactive steps employers and employees should consider for employment law compliance in Virginia.

Previous Landscape Under Common Law Concepts of Employer Vicarious Liability

Under preexisting Virginia law, the doctrine of respondeat superior governed employer liability for torts committed by employees. In general, an employer could be held vicariously liable for the negligent or intentional torts of its employee if:

• The employee was acting within the scope of employment; and
• The act was in furtherance of the employer’s business.

Virginia courts traditionally interpreted “scope of employment” relatively narrowly. Employers were usually not liable for employees’ (A) intentional torts (such as assaults or other personal acts), unless the employee’s conduct was fairly attributable to the employer’s business and occurred during the course of employment; or (B) negligent torts that were committed due to actions clearly outside of the scope of an employee’s job duties.

Thus, if a tort was committed in a ‘personal’ rather than ‘professional’ capacity, liability would not traditionally extend from an employee to an employer, as the employer had not actively or tacitly encouraged the behavior through its management, supervision, or direction (or lack thereof).

Additionally, while injured parties could recover damages for personal injury or wrongful death, there was no statutory provision explicitly expanding employer liability for certain classes of victims or for certain types of intentional acts beyond general common law principles—such as a negligent act outside the normal scope of employment.

What Does HB 1730 Change?

Unlike under common law, HB 1730 specifically circumscribes a set of “vulnerable victims” who are statutorily permitted to bring civil claims against employers based on the acts of their employees. If someone is a “vulnerable victim,” then the victim doesn’t need to show that the wrongful act was within the scope of the employee’s duties, and the employer can be held liable for intentional acts—even if that conduct is outside traditional notions of job duties. The victim must instead satisfy a different set of elements regarding the employer providing reasonable oversight if it knew the alleged perpetrator would have access to a vulnerable victim.

This expands the scope of employee misconduct liability for Virginia businesses and highlights a shift in how the state balances liability between employers and employees.

What is a ‘Vulnerable Victim’?

The statute defines “vulnerable victim” broadly, including:

• Patients of health care providers;
• Residents of assisted living facilities;
• Passengers of a common carrier (e.g., a bus line, taxi company, or airline, but excluding WMATA-related businesses);
• Passengers of nonemergency medical transportation carriers;
• Clients of an esthetics spa or business offering massage therapy; or
• The personal representative of a deceased ‘vulnerable victim’ listed above.

The statute also includes a ‘Person under a disability’ as defined in Virginia Code § 8.01-2, which includes:

• Incarcerated felons;
• Infants;
• Incapacitated persons including those under protection of a guardian or conservator, or who are otherwise mentally incompetent;
• Incapacitated ex-servicepersons/disabled veterans;
• Other individuals who are unable to properly manage their estate, defend their legal or property rights, or those with disabling substance abuse issues.

How Does a Vulnerable Victim Establish that an Employer is Liable?

To show vicarious liability under HB 1730, a plaintiff must demonstrate:

• The employee’s tortious conduct occurred while the employee was reasonably likely to be in contact with the vulnerable victim and the employee’s conduct directly causes personal injury or death by some wrongful act;
• The employer failed to exercise reasonable care to either (1) prevent the employee from intentionally harming such vulnerable victim; or (2) control the employee, resulting in an unreasonable risk of a vulnerable victim suffering personal injury or death by wrongful act;
• The employer knew or should have known of the ability to control the employee; and
• The employer knew or should have known of the necessity and opportunity for exercising such control over the employee.

Importantly, it appears as though liability attaches even where the employer lacked direct knowledge of the specific employee’s potential for harm—as long as a generalized risk of such action taking place was present.

Potential Impacts on Employers

Hiring and Termination Decisions

HB 1730 increases the importance of thorough pre-employment screening and careful reference checks, especially for positions involving direct interaction with vulnerable populations. Employers should:

• Review and strengthen background check policies, including pre-hire review of social media pages and other public sources for problematic behavior.
• Document the decision-making process for hiring and firing to demonstrate diligence.

When disciplining or terminating employees for misconduct, employers may now face greater scrutiny regarding whether they acted promptly and effectively to mitigate foreseeable risks. As such, employers should avoid “sweeping issues under the rug” and should deal with problematic behavior swiftly to reduce potential employee misconduct liability and ensure compliance with labor and industry standards.

Employee Handbooks and Policies

Employers should revisit their employee handbooks and workplace policies to:

• Reinforce clear standards of conduct, particularly concerning the treatment of vulnerable individuals;
• Outline reporting mechanisms for suspected misconduct and penalties for intentional nonreporting;
• Implement mandatory training on professional boundaries and abuse prevention; and
• Establish robust workplace abuse prevention policies.

Insurance Coverage

HB 1730’s expansion of liability to more employment-related scenarios may increase the frequency and severity of high-value claims against an employer. Existing general liability and employment practices liability insurance (EPLI) policies may not fully cover claims arising from these scenarios. Employers should:

• Review current insurance policies to assess potential gaps in coverage.
• Consider obtaining or expanding coverage for vicarious liability arising from employee misconduct.
• Consult with insurance advisors to evaluate appropriate policy limits and exclusions.

Workplace Culture and Training

Beyond legal compliance, cultivating a work environment that prioritizes safety and respect is critical. Regular training and leadership reinforcement can help prevent misconduct and demonstrate an employer’s commitment to workplace safety and to protect employees from foreseeable harm. Additional supervisory and managerial employees may need to be hired to ensure safe practices and regulatory compliance.

Looking Ahead

With HB 1730, Virginia has taken a significant step toward protecting vulnerable individuals, but it comes at the cost of increased liability exposure for employers. By understanding these changes and proactively adapting, employers can mitigate risk while maintaining employment law compliance in Virginia. Failure to anticipate and address these risks may expose employers to substantial legal and reputational harm.

Next Steps for Virginia Employers:

• Conduct a comprehensive review of hiring and background check procedures.
• Update employee handbooks and training programs to include workplace abuse prevention policies.
• Assess and adjust insurance coverage as needed.
• Foster a transparent, accountable work environment that supports workplace safety and helps protect employees.

If you are an employer with questions regarding how HB 1730 may affect your business, or need assistance implementing appropriate policies, please contact Evan St. John at Bean, Kinney & Korman, P.C. at 703-284-7266 or estjohn@beankinney.com.

This article is for informational purposes only and does not contain or convey legal advice. Consult an attorney. Any views or opinions expressed herein are those of the author and are not necessarily the views of the firm or any client of the firm.