                                 CODE OF VIRGINIA

CAUSES OF ACTION FOR FAILURE TO PROVIDE REASONABLE ACCOMMODATION FOR KNOWN
LIMITATIONS RELATED TO PREGNANCY, CHILDBIRTH, OR RELATED MEDICAL CONDITIONS (§
2.2-3909)

A. As used in this section:
			&#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.
			&#8220;Lactation&#8221; means lactation as defined in &#xA7; 2.2-3905.
			&#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.
			&#8220;Related medical conditions&#8221; includes lactation.

B. No employer shall:

   1. 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.
   				a. In determining whether an accommodation would constitute an undue
   hardship on the employer, the following shall be considered:

      1. 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;

      2. The size of the facility where employment occurs; and

      3. The nature and cost of the accommodations needed.
      					b. 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. 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.

   3. 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.

   4. 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.

C. 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.

D. 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.

E. 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.
			If 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. 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.

HISTORY: 2020, cc. 1138, 1139, 2.2-3904; 2021, Sp. Sess. I, c. 196.