Disabilities (ADA): Virginia

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

Authors: Michelle Barrett Falconer, Littler

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 prohibits discriminating against an individual based on a 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.
• Covered employers are required to provide reasonable accommodations for pregnancy, childbirth or a related medical condition. See Pregnancy Accommodations.
• 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 use of medical marijuana under limited circumstances. See Medical Marijuana.
• Localities including Alexandria and Fairfax County have requirements pertaining to disability discrimination. See Local Requirements.