{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3909.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3909.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3909.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3909.html"}],"law_id":66874,"edition_id":1,"section_id":66874,"structure_id":14485,"section_number":"2.2-3909","catch_line":"Causes of action for failure to provide reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions","history":"2020, cc. 1138, 1139, 2.2-3904; 2021, Sp. Sess. I, c. 196.","full_text":"A\n\nAs used in this section:\n\t\t\t&#8220;Employer&#8221; means any person, or agent of such person, employing five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.\n\t\t\t&#8220;Lactation&#8221; means lactation as defined in &#xA7; 2.2-3905.\n\t\t\t&#8220;Reasonable accommodation&#8221; includes more frequent or longer bathroom breaks, breaks to express breast milk, access to a private location other than a bathroom for the expression of breast milk, acquisition or modification of equipment or access to or modification of employee seating, a temporary transfer to a less strenuous or hazardous position, assistance with manual labor, job restructuring, a modified work schedule, light duty assignments, and leave to recover from childbirth.\n\t\t\t&#8220;Related medical conditions&#8221; includes lactation.B\n\nNo employer shall:1\n\nRefuse to make reasonable accommodation to the known limitations of a person related to pregnancy, childbirth, or related medical conditions, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer.\n\t\t\t\ta. In determining whether an accommodation would constitute an undue hardship on the employer, the following shall be considered:1\n\nHardship on the conduct of the employer&#8217;s business, considering the nature of the employer&#8217;s operation, including composition and structure of the employer&#8217;s workforce;2\n\nThe size of the facility where employment occurs; and3\n\nThe nature and cost of the accommodations needed.\n\t\t\t\t\tb. The fact that the employer provides or would be required to provide a similar accommodation to other classes of employees shall create a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.2\n\nTake adverse action against an employee who requests or uses a reasonable accommodation pursuant to this section. As used in this subdivision, &#8220;adverse action&#8221; includes failure to reinstate any such employee to her previous position or an equivalent position with equivalent pay, seniority, and other benefits when her need for a reasonable accommodation ceases.3\n\nDeny employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the known limitations of such applicant or employee related to pregnancy, childbirth, or related medical conditions.4\n\nRequire an employee to take leave if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of such employee.C\n\nEach employer shall engage in a timely, good faith interactive process with an employee who has requested an accommodation pursuant to this section to determine if the requested accommodation is reasonable and, if such accommodation is determined not to be reasonable, discuss alternative accommodations that may be provided.D\n\nAn employer shall post in a conspicuous location and include in any employee handbook information concerning an employee&#8217;s rights to reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions. Such information shall also be directly provided to (i) new employees upon commencement of their employment and (ii) any employee within 10 days of such employee&#8217;s providing notice to the employer that she is pregnant.E\n\nAn employee or applicant who has been denied any of the rights afforded under subsection B may bring an action in a general district or circuit court having jurisdiction over the employer that allegedly denied such rights. Any such action shall be brought within two years from the date of the unlawful denial of rights, or, if the employee or applicant has filed a complaint with the Office of Civil Rights of the Department of Law or a local human rights or human relations agency or commission within two years of the unlawful denial of rights, such action shall be brought within 90 days from the date that the Office or a local human rights or human relations agency or commission has rendered a final disposition on the complaint.\n\t\t\tIf the court or jury finds that an unlawful denial of rights afforded under subsection B has occurred, the court or jury may award to the plaintiff, as the prevailing party, compensatory damages, back pay, and other equitable relief. The court may also award reasonable attorney fees and costs and may grant as relief any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice, or order such affirmative action as may be appropriate.F\n\nThe provisions of this section regarding the provision of reasonable accommodation for known limitations related to pregnancy, childbirth, and related medical conditions shall not be construed to affect any other provision of law relating to discrimination on the basis of sex or pregnancy.","order_by":null,"text":{"0":{"id":242485,"text":"As used in this section:\n\t\t\t&#8220;Employer&#8221; means any person, or agent of such person, employing five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.\n\t\t\t&#8220;Lactation&#8221; means lactation as defined in &#xA7; 2.2-3905.\n\t\t\t&#8220;Reasonable accommodation&#8221; includes more frequent or longer bathroom breaks, breaks to express breast milk, access to a private location other than a bathroom for the expression of breast milk, acquisition or modification of equipment or access to or modification of employee seating, a temporary transfer to a less strenuous or hazardous position, assistance with manual labor, job restructuring, a modified work schedule, light duty assignments, and leave to recover from childbirth.\n\t\t\t&#8220;Related medical conditions&#8221; includes lactation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242486,"text":"No employer shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":242487,"text":"Refuse to make reasonable accommodation to the known limitations of a person related to pregnancy, childbirth, or related medical conditions, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer.\n\t\t\t\ta. In determining whether an accommodation would constitute an undue hardship on the employer, the following shall be considered:","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B11"},"3":{"id":242488,"text":"Hardship on the conduct of the employer&#8217;s business, considering the nature of the employer&#8217;s operation, including composition and structure of the employer&#8217;s workforce;","type":"section","prefixes":["B","1","1"],"prefix":"1","entire_prefix":"B11","prefix_anchor":"B11","level":3,"prior_prefix":"B1","next_prefix":"B12"},"4":{"id":242489,"text":"The size of the facility where employment occurs; and","type":"section","prefixes":["B","1","2"],"prefix":"2","entire_prefix":"B12","prefix_anchor":"B12","level":3,"prior_prefix":"B11","next_prefix":"B13"},"5":{"id":242490,"text":"The nature and cost of the accommodations needed.\n\t\t\t\t\tb. The fact that the employer provides or would be required to provide a similar accommodation to other classes of employees shall create a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.","type":"section","prefixes":["B","1","3"],"prefix":"3","entire_prefix":"B13","prefix_anchor":"B13","level":3,"prior_prefix":"B12","next_prefix":"B2"},"6":{"id":242491,"text":"Take adverse action against an employee who requests or uses a reasonable accommodation pursuant to this section. As used in this subdivision, &#8220;adverse action&#8221; includes failure to reinstate any such employee to her previous position or an equivalent position with equivalent pay, seniority, and other benefits when her need for a reasonable accommodation ceases.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B13","next_prefix":"B3"},"7":{"id":242492,"text":"Deny employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the known limitations of such applicant or employee related to pregnancy, childbirth, or related medical conditions.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"8":{"id":242493,"text":"Require an employee to take leave if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of such employee.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"9":{"id":242494,"text":"Each employer shall engage in a timely, good faith interactive process with an employee who has requested an accommodation pursuant to this section to determine if the requested accommodation is reasonable and, if such accommodation is determined not to be reasonable, discuss alternative accommodations that may be provided.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"10":{"id":242495,"text":"An employer shall post in a conspicuous location and include in any employee handbook information concerning an employee&#8217;s rights to reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions. Such information shall also be directly provided to (i) new employees upon commencement of their employment and (ii) any employee within 10 days of such employee&#8217;s providing notice to the employer that she is pregnant.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"11":{"id":242496,"text":"An employee or applicant who has been denied any of the rights afforded under subsection B may bring an action in a general district or circuit court having jurisdiction over the employer that allegedly denied such rights. Any such action shall be brought within two years from the date of the unlawful denial of rights, or, if the employee or applicant has filed a complaint with the Office of Civil Rights of the Department of Law or a local human rights or human relations agency or commission within two years of the unlawful denial of rights, such action shall be brought within 90 days from the date that the Office or a local human rights or human relations agency or commission has rendered a final disposition on the complaint.\n\t\t\tIf the court or jury finds that an unlawful denial of rights afforded under subsection B has occurred, the court or jury may award to the plaintiff, as the prevailing party, compensatory damages, back pay, and other equitable relief. The court may also award reasonable attorney fees and costs and may grant as relief any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice, or order such affirmative action as may be appropriate.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":242497,"text":"The provisions of this section regarding the provision of reasonable accommodation for known limitations related to pregnancy, childbirth, and related medical conditions shall not be construed to affect any other provision of law relating to discrimination on the basis of sex or pregnancy.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14485,"edition_id":1,"name":"Virginia Human Rights Act","identifier":"39","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:48:18","date_modified":"2026-06-26 03:48:18","permalink":{"id":176671,"object_type":"structure","relational_id":14485,"identifier":"39","token":"2.2\/II\/B\/39","url":"\/2.2\/II\/B\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68757,"structure_id":14485,"section_number":"2.2-3900","catch_line":"Short title; declaration of policy","url":"\/2.2-3900\/","token":"2.2\/II\/B\/39\/2.2-3900","metadata":false},{"id":86168,"structure_id":14485,"section_number":"2.2-3901","catch_line":"Definitions","url":"\/2.2-3901\/","token":"2.2\/II\/B\/39\/2.2-3901","metadata":false},{"id":57422,"structure_id":14485,"section_number":"2.2-3902","catch_line":"Construction of chapter; other programs to aid persons with disabilities, minors, and the elderly","url":"\/2.2-3902\/","token":"2.2\/II\/B\/39\/2.2-3902","metadata":false},{"id":69120,"structure_id":14485,"section_number":"2.2-3903","catch_line":"Repealed","url":"\/2.2-3903\/","token":"2.2\/II\/B\/39\/2.2-3903","metadata":false},{"id":83248,"structure_id":14485,"section_number":"2.2-3904","catch_line":"Nondiscrimination in places of public accommodation; definitions","url":"\/2.2-3904\/","token":"2.2\/II\/B\/39\/2.2-3904","metadata":false},{"id":67660,"structure_id":14485,"section_number":"2.2-3905","catch_line":"Nondiscrimination in employment; definitions; exceptions","url":"\/2.2-3905\/","token":"2.2\/II\/B\/39\/2.2-3905","metadata":false},{"id":59581,"structure_id":14485,"section_number":"2.2-3905.1","catch_line":"Reasonable accommodations for persons with disabilities; unlawful discriminatory practice; notice of rights","url":"\/2.2-3905.1\/","token":"2.2\/II\/B\/39\/2.2-3905.1","metadata":false},{"id":84496,"structure_id":14485,"section_number":"2.2-3906","catch_line":"Civil action by Attorney General","url":"\/2.2-3906\/","token":"2.2\/II\/B\/39\/2.2-3906","metadata":false},{"id":65737,"structure_id":14485,"section_number":"2.2-3907","catch_line":"Procedures for a charge of unlawful discrimination; notice; investigation; report; conciliation; notice of the right to file a civil action; temporary relief","url":"\/2.2-3907\/","token":"2.2\/II\/B\/39\/2.2-3907","metadata":false},{"id":55883,"structure_id":14485,"section_number":"2.2-3908","catch_line":"Civil actions by private parties","url":"\/2.2-3908\/","token":"2.2\/II\/B\/39\/2.2-3908","metadata":false},{"id":66874,"structure_id":14485,"section_number":"2.2-3909","catch_line":"Causes of action for failure to provide reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions","url":"\/2.2-3909\/","token":"2.2\/II\/B\/39\/2.2-3909","metadata":false}],"previous_section":{"id":55883,"structure_id":14485,"section_number":"2.2-3908","catch_line":"Civil actions by private parties","url":"\/2.2-3908\/","token":"2.2\/II\/B\/39\/2.2-3908","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3909\/","history_text":"<p>This law was first created in 2020. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1138\">1138<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1139\">1139<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0002\">2<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":67660,"section_number":"2.2-3905","catch_line":"Nondiscrimination in employment; definitions; exceptions","order_by":null,"url":"\/2.2-3905\/"}],"permalink":{"id":176713,"object_type":"law","relational_id":66874,"identifier":"2.2-3909","token":"2.2\/II\/B\/39\/2.2-3909","url":"\/2.2-3909\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3909\/","token":"2.2\/II\/B\/39\/2.2-3909","dublin_core":{"Title":"Causes of action for failure to provide reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3909","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this section:\n\t\t\t&#8220;<span class=\"dictionary\">Employer<\/span>&#8221; means any person, or agent of such person, employing five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.\n\t\t\t&#8220;<span class=\"dictionary\">Lactation<\/span>&#8221; means <span class=\"dictionary\">lactation<\/span> as defined in &#xA7; <a class=\"law\" title=\"Nondiscrimination in employment; definitions; exceptions\" href=\"\/2.2-3905\/\">2.2-3905<\/a>.\n\t\t\t&#8220;<span class=\"dictionary\">Reasonable accommodation<\/span>&#8221; includes more frequent or longer bathroom breaks, breaks to express breast milk, access to a private location other than a bathroom for the expression of breast milk, acquisition or modification of equipment or access to or modification of employee seating, a temporary transfer to a less strenuous or hazardous position, assistance with manual labor, job restructuring, a modified work schedule, light duty assignments, and leave to recover from childbirth.\n\t\t\t&#8220;<span class=\"dictionary\">Related medical conditions<\/span>&#8221; includes <span class=\"dictionary\">lactation<\/span>. <a id=\"paragraph-242485\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> No <span class=\"dictionary\">employer<\/span> shall: <a id=\"paragraph-242486\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Refuse to make <span class=\"dictionary\">reasonable accommodation<\/span> to the known limitations of a person related to pregnancy, childbirth, or <span class=\"dictionary\">related medical conditions<\/span>, unless the <span class=\"dictionary\">employer<\/span> can demonstrate that the accommodation would impose an undue hardship on the <span class=\"dictionary\">employer<\/span>.\n\t\t\t\ta. In determining whether an accommodation would constitute an undue hardship on the <span class=\"dictionary\">employer<\/span>, the following shall be considered: <a id=\"paragraph-242487\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B11\" class=\"indent-2\"><p><span class=\"prefix-number\">1.<\/span> Hardship on the conduct of the <span class=\"dictionary\">employer<\/span>&#8217;s business, considering the nature of the <span class=\"dictionary\">employer<\/span>&#8217;s operation, including composition and structure of the <span class=\"dictionary\">employer<\/span>&#8217;s workforce; <a id=\"paragraph-242488\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#B11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B12\" class=\"indent-2\"><p><span class=\"prefix-number\">2.<\/span> The size of the facility where employment occurs; and <a id=\"paragraph-242489\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#B12\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B13\" class=\"indent-2\"><p><span class=\"prefix-number\">3.<\/span> The nature and cost of the accommodations needed.\n\t\t\t\t\tb. The <span class=\"dictionary\">fact<\/span> that the <span class=\"dictionary\">employer<\/span> provides or would be required to provide a similar accommodation to other classes of employees shall create a rebuttable <span class=\"dictionary\">presumption<\/span> that the accommodation does not impose an undue hardship on the <span class=\"dictionary\">employer<\/span>. <a id=\"paragraph-242490\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#B13\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Take <span class=\"dictionary\">adverse action<\/span> against an employee who requests or uses a <span class=\"dictionary\">reasonable accommodation<\/span> pursuant to this section. As used in this subdivision, &#8220;<span class=\"dictionary\">adverse action<\/span>&#8221; includes failure to reinstate any such employee to her previous position or an equivalent position with equivalent pay, seniority, and other benefits when her need for a <span class=\"dictionary\">reasonable accommodation<\/span> ceases. <a id=\"paragraph-242491\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Deny employment or promotion opportunities to an otherwise qualified applicant or employee because such <span class=\"dictionary\">employer<\/span> will be required to make <span class=\"dictionary\">reasonable accommodation<\/span> to the known limitations of such applicant or employee related to pregnancy, childbirth, or <span class=\"dictionary\">related medical conditions<\/span>. <a id=\"paragraph-242492\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Require an employee to take leave if another <span class=\"dictionary\">reasonable accommodation<\/span> can be provided to the known limitations related to the pregnancy, childbirth, or <span class=\"dictionary\">related medical conditions<\/span> of such employee. <a id=\"paragraph-242493\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Each <span class=\"dictionary\">employer<\/span> shall engage in a timely, good faith interactive process with an employee who has requested an accommodation pursuant to this section to determine if the requested accommodation is reasonable and, if such accommodation is determined not to be reasonable, discuss alternative accommodations that may be provided. <a id=\"paragraph-242494\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> An <span class=\"dictionary\">employer<\/span> shall post in a conspicuous location and include in any employee handbook information concerning an employee&#8217;s rights to <span class=\"dictionary\">reasonable accommodation<\/span> for known limitations related to pregnancy, childbirth, or <span class=\"dictionary\">related medical conditions<\/span>. Such information shall also be directly provided to (i) new employees upon commencement of their employment and (ii) any employee within 10 days of such employee&#8217;s providing notice to the <span class=\"dictionary\">employer<\/span> that she is pregnant. <a id=\"paragraph-242495\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> An employee or applicant who has been denied any of the rights afforded under subsection B may bring an action in a general district or <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> having <span class=\"dictionary\">jurisdiction<\/span> over the <span class=\"dictionary\">employer<\/span> that allegedly denied such rights. Any such action shall be brought within two years from the date of the unlawful denial of rights, or, if the employee or applicant has filed a complaint with the Office of Civil Rights of the Department of <span class=\"dictionary\">Law<\/span> or a local human rights or human relations agency or commission within two years of the unlawful denial of rights, such action shall be brought within 90 days from the date that the Office or a local human rights or human relations agency or commission has rendered a final <span class=\"dictionary\">disposition<\/span> on the complaint.\n\t\t\tIf the <span class=\"dictionary\">court<\/span> or <span class=\"dictionary\">jury<\/span> finds that an unlawful denial of rights afforded under subsection B has occurred, the <span class=\"dictionary\">court<\/span> or <span class=\"dictionary\">jury<\/span> may award to the <span class=\"dictionary\">plaintiff<\/span>, as the prevailing <span class=\"dictionary\">party<\/span>, compensatory <span class=\"dictionary\">damages<\/span>, back pay, and other <span class=\"dictionary\">equitable<\/span> relief. The <span class=\"dictionary\">court<\/span> may also award reasonable attorney fees and costs and may grant as relief any permanent or temporary <span class=\"dictionary\">injunction<\/span>, <span class=\"dictionary\">temporary restraining order<\/span>, or other order, including an order enjoining the <span class=\"dictionary\">defendant<\/span> from engaging in such practice, or order such affirmative action as may be appropriate. <a id=\"paragraph-242496\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The provisions of this section regarding the provision of <span class=\"dictionary\">reasonable accommodation<\/span> for known limitations related to pregnancy, childbirth, and <span class=\"dictionary\">related medical conditions<\/span> shall not be construed to affect any other provision of <span class=\"dictionary\">law<\/span> relating to discrimination on the basis of sex or pregnancy. <a id=\"paragraph-242497\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3909\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCAUSES OF ACTION FOR FAILURE TO PROVIDE REASONABLE ACCOMMODATION FOR KNOWN\nLIMITATIONS RELATED TO PREGNANCY, CHILDBIRTH, OR RELATED MEDICAL CONDITIONS (\u00a7\n2.2-3909)\n\nA. As used in this section:\n\t\t\t&#8220;Employer&#8221; means any person, or agent of such person, employing\nfive or more employees for each working day in each of 20 or more calendar weeks\nin the current or preceding calendar year.\n\t\t\t&#8220;Lactation&#8221; means lactation as defined in &#xA7; 2.2-3905.\n\t\t\t&#8220;Reasonable accommodation&#8221; includes more frequent or longer\nbathroom breaks, breaks to express breast milk, access to a private location\nother than a bathroom for the expression of breast milk, acquisition or\nmodification of equipment or access to or modification of employee seating, a\ntemporary transfer to a less strenuous or hazardous position, assistance with\nmanual labor, job restructuring, a modified work schedule, light duty\nassignments, and leave to recover from childbirth.\n\t\t\t&#8220;Related medical conditions&#8221; includes lactation.\n\nB. No employer shall:\n\n   1. Refuse to make reasonable accommodation to the known limitations of a\n   person related to pregnancy, childbirth, or related medical conditions, unless\n   the employer can demonstrate that the accommodation would impose an undue\n   hardship on the employer.\n   \t\t\t\ta. In determining whether an accommodation would constitute an undue\n   hardship on the employer, the following shall be considered:\n\n      1. Hardship on the conduct of the employer&#8217;s business, considering the\n      nature of the employer&#8217;s operation, including composition and\n      structure of the employer&#8217;s workforce;\n\n      2. The size of the facility where employment occurs; and\n\n      3. The nature and cost of the accommodations needed.\n      \t\t\t\t\tb. The fact that the employer provides or would be required to provide\n      a similar accommodation to other classes of employees shall create a\n      rebuttable presumption that the accommodation does not impose an undue\n      hardship on the employer.\n\n   2. Take adverse action against an employee who requests or uses a reasonable\n   accommodation pursuant to this section. As used in this subdivision,\n   &#8220;adverse action&#8221; includes failure to reinstate any such employee\n   to her previous position or an equivalent position with equivalent pay,\n   seniority, and other benefits when her need for a reasonable accommodation\n   ceases.\n\n   3. Deny employment or promotion opportunities to an otherwise qualified\n   applicant or employee because such employer will be required to make\n   reasonable accommodation to the known limitations of such applicant or\n   employee related to pregnancy, childbirth, or related medical conditions.\n\n   4. Require an employee to take leave if another reasonable accommodation can\n   be provided to the known limitations related to the pregnancy, childbirth, or\n   related medical conditions of such employee.\n\nC. Each employer shall engage in a timely, good faith interactive process with\nan employee who has requested an accommodation pursuant to this section to\ndetermine if the requested accommodation is reasonable and, if such\naccommodation is determined not to be reasonable, discuss alternative\naccommodations that may be provided.\n\nD. An employer shall post in a conspicuous location and include in any employee\nhandbook information concerning an employee&#8217;s rights to reasonable\naccommodation for known limitations related to pregnancy, childbirth, or related\nmedical conditions. Such information shall also be directly provided to (i) new\nemployees upon commencement of their employment and (ii) any employee within 10\ndays of such employee&#8217;s providing notice to the employer that she is\npregnant.\n\nE. An employee or applicant who has been denied any of the rights afforded under\nsubsection B may bring an action in a general district or circuit court having\njurisdiction over the employer that allegedly denied such rights. Any such\naction shall be brought within two years from the date of the unlawful denial of\nrights, or, if the employee or applicant has filed a complaint with the Office\nof Civil Rights of the Department of Law or a local human rights or human\nrelations agency or commission within two years of the unlawful denial of\nrights, such action shall be brought within 90 days from the date that the\nOffice or a local human rights or human relations agency or commission has\nrendered a final disposition on the complaint.\n\t\t\tIf the court or jury finds that an unlawful denial of rights afforded under\nsubsection B has occurred, the court or jury may award to the plaintiff, as the\nprevailing party, compensatory damages, back pay, and other equitable relief.\nThe court may also award reasonable attorney fees and costs and may grant as\nrelief any permanent or temporary injunction, temporary restraining order, or\nother order, including an order enjoining the defendant from engaging in such\npractice, or order such affirmative action as may be appropriate.\n\nF. The provisions of this section regarding the provision of reasonable\naccommodation for known limitations related to pregnancy, childbirth, and\nrelated medical conditions shall not be construed to affect any other provision\nof law relating to discrimination on the basis of sex or pregnancy.\n\nHISTORY: 2020, cc. 1138, 1139, 2.2-3904; 2021, Sp. Sess. I, c. 196.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}