                                 CODE OF VIRGINIA

DISCRIMINATION AGAINST OTHERWISE QUALIFIED PERSONS WITH DISABILITIES BY
EMPLOYERS PROHIBITED (§ 51.5-41)

A. No employer shall discriminate in employment or promotion practices against
an otherwise qualified person with a disability solely because of such
disability. For the purposes of this section, an &#8220;otherwise qualified
person with a disability&#8221; means a person qualified to perform the
essential functions of a job with or without reasonable accommodations.

B. It is the policy of the Commonwealth that persons with disabilities shall be
employed in the state service, the service of the political subdivisions of the
Commonwealth, in the public schools, and in all other employment supported in
whole or in part by public funds on the same terms and conditions as other
persons unless it is shown that the particular disability prevents the
performance of the work involved.

C. An employer shall 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 burden on
the employer. For the purposes of this section, &#8220;mental impairment&#8221;
does not include active alcoholism or current drug addiction and does not
include any mental impairment, disease, or defect that has been successfully
asserted by an individual as a defense to any criminal charge.

   1. In determining whether an accommodation would constitute an undue burden
   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 work force;
   				b. Size of the facility where employment occurs;
   				c. The nature and cost of the accommodations needed, taking into account
   alternate 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;
   				e. Safety and health considerations of the person with a disability, other
   employees, and the public.

   2. The employer has the right to choose among equally effective
   accommodations.

   3. Nothing in this section shall require accommodations when the authority to
   make such accommodations is precluded under the terms of a lease or otherwise
   prohibited by statute, ordinance, or other regulation.

   4. Building modifications made for the purposes of such reasonable
   accommodation may be made without requiring the remainder of the existing
   building to comply with the requirements of the Uniform Statewide Building
   Code.

D. Nothing in this section shall prohibit an employer from refusing to hire or
promote, from disciplining, transferring, or discharging or taking any other
personnel action pertaining to an applicant or an employee who, because of his
disability, is unable to adequately perform his duties, or cannot perform such
duties in a manner which would not endanger his health or safety or the health
or safety of others. Nothing in this section shall subject an employer to any
legal liability resulting from the refusal to employ or promote or from the
discharge, transfer, discipline of, or the taking of any other personnel action
pertaining to a person with a disability who, because of his disability, is
unable to adequately perform his duties, or cannot perform such duties in a
manner that would not endanger his health or safety or the health or safety of
others.

E. Nothing in this section shall be construed as altering the provisions of the
Virginia Minimum Wage Act (&#xA7; 40.1-28.8 et seq.).

F. This section shall not apply to employers covered by the federal
Rehabilitation Act of 1973.

HISTORY: Code 1950, § 63.1-171.6; 1972, c. 156; 1985, c. 421, § 51.01-41;
2012, cc. 803, 835; 2014, c. 616; 2016, c. 27; 2021, Sp. Sess. I, c. 12.