Disabilities (ADA): Virginia

Disabilities (ADA) requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Melanie G. Augustin and Michelle Barrett Falconer, Littler Mendelson, PC

Summary

  • In addition to the federal equal opportunity laws, Virginia employers must comply with state antidiscrimination laws, including the Virginia Human Rights Act (VHRA) and the Virginians with Disabilities Act (VDA). See Disability Discrimination in Virginia.
  • The VHRA only applies to employers that employ between six and 14 employees. The VHRA forbids employers from terminating any employee on the basis of, among other protected categories, pregnancy, childbirth or related medical conditions, and disability. See The Virginia Human Rights Act.
  • The VDA applies to Virginia employers regardless of size, and it mirrors the federal ADA in most respects. See The Virginians with Disabilities Act.
  • Virginia law requires informed consent prior to conducting HIV testing. See AIDS Testing.
  • Virginia law contains a specific prohibition against requesting or requiring genetic testing as a condition of employment and against making certain personnel decisions based on the results of a genetic test. See Genetic Testing.
  • Virginia law permits the medical marijuana under very limited circumstances. See Medical Marijuana.
  • Some Virginia cities/municipalities (e.g., the City of Alexandria) have local ordinances prohibiting disability discrimination. See Local Ordinances.