VIRGINIA HUMAN RIGHTS ACT REASONABLE

VIRGINIA HUMAN RIGHTS ACT

REASONABLE ACCOMMODATIONS

FOR DISABILITY

Protections from Discrimination – Va. Code § 2.2-3905.1

Effective July 1, 2021, employers with more than five employees for a 20-week period in the

current or preceding year must provide reasonable accommodations for otherwise qualified

persons with disabilities if necessary to assist such person in performing a particular job,

unless the accommodation would impose an undue hardship on the employer. “Person with

a disability” means any person who has a physical or mental impairment that substantially

limits one or more of her major life activities or who has a record of such impairment.

Employers also may not, in response to a request for a reasonable accommodation for

disability:

 take adverse actions against an employee;

 deny employment or promotions; or

 require an employee to take leave if another reasonable accommodation can be

provided.

Reasonable Accommodations

Examples of reasonable accommodations include modifying work policies, permitting the

use of leave, reassignment to a vacant position, acquisition or modification of equipment,

assistance with manual labor, job restructuring, a modified work schedule, and light duty

assignments.

Interactive Process

When an employee requests an accommodation, employers must engage in a timely, good

faith interactive process with the employee to determine if the requested accommodation is

reasonable and, if not, discuss alternative reasonable accommodations that may be provided.

Complaints

Any person who believes they were discriminated against on this basis may file a complaint

with the Office of Civil Rights.

OFFICE OF THE ATTORNEY GENERAL

Office of Civil Rights

202 North 9

Street

Richmond, Virginia 23219

www.ag.virginia.gov

civilrights@oag.state.va.us

P: (804) 225-2292; F: (804) 225-3294