                                 CODE OF VIRGINIA

REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES; UNLAWFUL DISCRIMINATORY
PRACTICE; NOTICE OF RIGHTS (§ 2.2-3905.1)

A. As used in this section:
			&#8220;Employer&#8221; means any person, or agent of such person, employing
more than five employees for each working day in each of 20 or more calendar
weeks in the current or preceding calendar year.
			&#8220;Person with a disability&#8221; means the term as defined in &#xA7;
51.5-40.1.
			&#8220;Physical impairment&#8221; means the term as defined in &#xA7;
51.5-40.1.
			&#8220;Mental impairment&#8221; means the term as defined in &#xA7;
51.5-40.1.
			&#8220;Otherwise qualified person with a disability&#8221; means the term as
defined in subsection A of &#xA7; 51.5-41.

B. It shall be an unlawful discriminatory practice for an employer to:

   1. Refuse to make reasonable accommodation to the known physical and mental
   impairments of an otherwise qualified person with a disability, if necessary
   to assist such person in performing a particular job, unless the employer can
   demonstrate that the accommodation would impose an undue hardship on the
   employer. In determining whether an accommodation would constitute an undue
   hardship upon the employer, the following shall be considered:
   				a. 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;
   				b. Size of the facility where employment occurs;
   				c. The nature and cost of the accommodations needed, taking into account
   alternative sources of funding or technical assistance included under &#xA7;
   51.5-173;
   				d. The possibility that the same accommodations may be used by other
   prospective employees; and
   				e. Safety and health considerations of the person with a disability, other
   employees, and the public.

   2. Take adverse action against an employee who requests or uses a reasonable
   accommodation pursuant to this section.

   3. Deny employment or promotion opportunities to an otherwise qualified
   applicant or employee because such employer will be required to make
   reasonable accommodation for a person with a disability.

   4. Require an employee to take leave if another reasonable accommodation can
   be provided to the known limitations related to the disability.

   5. Fail to 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.

C. 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 disabilities. 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
such employee has a disability.

HISTORY: 2021, Sp. Sess. I, c. 12.