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Virginia Human Rights Act: Reasonable Accommodations For Disability Poster
The poster in English can be found at this link: OUTREACH_INFO SHEET_DISABILITY-DISCN-PROVISIONS.pdf (state.va.us)
Virginia Code Section 2.2-3905.1, imposes mandates concerning reasonable accommodations for disability, and it went into effect at the same time as the Accommodations for Pregnancy from the same Human Rights Act. From a substantive standpoint, most employers are already complying with these obligations as required by the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA), which is part of Federal law, Title VII of the Civil Rights Act of 1964. The new statutes, however, have certain posting notice requirements, including placing accommodations policies in the employee handbook. Additionally, both statutes prohibit unpaid leave as an accommodation if there is another reasonable accommodation available, which is not consistent with federal law.
Statute Requiring Reasonable Accommodations for Disability (Va. Code § 2.2-3905.1)
Main Features
The statute concerning reasonable accommodations for disability mirrors many of the provisions in the pregnancy accommodations statute:
- The statute covers employers with more than five (5) employees;
- Employers need not provide an accommodation that would impose an undue hardship; and
- Employers must engage in a “timely, good faith” interactive process.
Examples of reasonable accommodations for qualified individuals with disabilities include:
- Modifying work policies;
- Reassignment to a vacant position;
- Acquisition or modification of equipment;
- Assistance with manual labor;
- Job restructuring;
- Modified work schedule; and
- Light duty assignments.
See Also