§ 51.5-41. Discrimination against otherwise qualified persons withdisabilities by employers prohibited.
A. No employer shall discriminate in employment or promotion practicesagainst an otherwise qualified person with a disability solely because ofsuch disability.
B. It is the policy of this Commonwealth that persons with disabilities shallbe employed in the state service, the service of the political subdivisionsof the Commonwealth, in the public schools, and in all other employmentsupported in whole or in part by public funds on the same terms andconditions as other persons unless it is shown that the particular disabilityprevents the performance of the work involved.
C. An employer shall make reasonable accommodation to the known physical andmental impairments of an otherwise qualified person with a disability, ifnecessary to assist such person in performing a particular job, unless theemployer can demonstrate that the accommodation would impose an undue burdenon the employer.
1. In determining whether an accommodation would constitute an undue burdenupon the employer, the following shall be considered:
a. Hardship on the conduct of the employer's business, considering the natureof the employer's operation, including composition and structure of theemployer's work force;
b. Size of the facility where employment occurs;
c. The nature and cost of the accommodations needed, taking into accountalternate sources of funding or technical assistance included under §§51.5-18 and 51.5-26;
d. The possibility that the same accommodations may be used by otherprospective employees;
e. Safety and health considerations of the person with a disability, otheremployees, and the public.
2. Notwithstanding the foregoing, any accommodation which would exceed $500in cost shall be rebuttably presumed to impose an undue burden upon anyemployer with fewer than fifty employees.
3. The employer has the right to choose among equally effectiveaccommodations.
4. Nothing in this section shall require accommodations when the authority tomake such accommodations is precluded under the terms of a lease or otherwiseprohibited by statute, ordinance or other regulation.
5. Building modifications made for the purposes of such reasonableaccommodation may be made without requiring the remainder of the existingbuilding to comply with the requirements of the Uniform Statewide BuildingCode.
D. Nothing in this section shall prohibit an employer from refusing to hireor promote, from disciplining, transferring, or discharging or taking anyother personnel action pertaining to an applicant or an employee who, becauseof his disability, is unable to adequately perform his duties, or cannotperform such duties in a manner which would not endanger his health or safetyor the health or safety of others. Nothing in this section shall subject anemployer to any legal liability resulting from the refusal to employ orpromote or from the discharge, transfer, discipline of, or the taking of anyother personnel action pertaining to a person with a disability who, becauseof his disability, is unable to adequately perform his duties, or cannotperform such duties in a manner which would not endanger his health or safetyor the health or safety of others.
E. Nothing in this section shall be construed as altering the provisions ofthe Virginia Minimum Wage Act (§ 40.1-28.8 et seq.).
F. This section shall not apply to employers covered by the federalRehabilitation Act of 1973.
G. No employer who has hired any person because of the requirements of thissection shall be liable for any alleged negligence in such hiring.
(Code 1950, § 63.1-171.6; 1972, c. 156; 1985, c. 421, § 51.01-41.)
§ 51.5-41. Discrimination against otherwise qualified persons withdisabilities by employers prohibited.
A. No employer shall discriminate in employment or promotion practicesagainst an otherwise qualified person with a disability solely because ofsuch disability.
B. It is the policy of this Commonwealth that persons with disabilities shallbe employed in the state service, the service of the political subdivisionsof the Commonwealth, in the public schools, and in all other employmentsupported in whole or in part by public funds on the same terms andconditions as other persons unless it is shown that the particular disabilityprevents the performance of the work involved.
C. An employer shall make reasonable accommodation to the known physical andmental impairments of an otherwise qualified person with a disability, ifnecessary to assist such person in performing a particular job, unless theemployer can demonstrate that the accommodation would impose an undue burdenon the employer.
1. In determining whether an accommodation would constitute an undue burdenupon the employer, the following shall be considered:
a. Hardship on the conduct of the employer's business, considering the natureof the employer's operation, including composition and structure of theemployer's work force;
b. Size of the facility where employment occurs;
c. The nature and cost of the accommodations needed, taking into accountalternate sources of funding or technical assistance included under §§51.5-18 and 51.5-26;
d. The possibility that the same accommodations may be used by otherprospective employees;
e. Safety and health considerations of the person with a disability, otheremployees, and the public.
2. Notwithstanding the foregoing, any accommodation which would exceed $500in cost shall be rebuttably presumed to impose an undue burden upon anyemployer with fewer than fifty employees.
3. The employer has the right to choose among equally effectiveaccommodations.
4. Nothing in this section shall require accommodations when the authority tomake such accommodations is precluded under the terms of a lease or otherwiseprohibited by statute, ordinance or other regulation.
5. Building modifications made for the purposes of such reasonableaccommodation may be made without requiring the remainder of the existingbuilding to comply with the requirements of the Uniform Statewide BuildingCode.
D. Nothing in this section shall prohibit an employer from refusing to hireor promote, from disciplining, transferring, or discharging or taking anyother personnel action pertaining to an applicant or an employee who, becauseof his disability, is unable to adequately perform his duties, or cannotperform such duties in a manner which would not endanger his health or safetyor the health or safety of others. Nothing in this section shall subject anemployer to any legal liability resulting from the refusal to employ orpromote or from the discharge, transfer, discipline of, or the taking of anyother personnel action pertaining to a person with a disability who, becauseof his disability, is unable to adequately perform his duties, or cannotperform such duties in a manner which would not endanger his health or safetyor the health or safety of others.
E. Nothing in this section shall be construed as altering the provisions ofthe Virginia Minimum Wage Act (§ 40.1-28.8 et seq.).
F. This section shall not apply to employers covered by the federalRehabilitation Act of 1973.
G. No employer who has hired any person because of the requirements of thissection shall be liable for any alleged negligence in such hiring.
(Code 1950, § 63.1-171.6; 1972, c. 156; 1985, c. 421, § 51.01-41.)
§ 51.5-41. Discrimination against otherwise qualified persons withdisabilities by employers prohibited.
A. No employer shall discriminate in employment or promotion practicesagainst an otherwise qualified person with a disability solely because ofsuch disability.
B. It is the policy of this Commonwealth that persons with disabilities shallbe employed in the state service, the service of the political subdivisionsof the Commonwealth, in the public schools, and in all other employmentsupported in whole or in part by public funds on the same terms andconditions as other persons unless it is shown that the particular disabilityprevents the performance of the work involved.
C. An employer shall make reasonable accommodation to the known physical andmental impairments of an otherwise qualified person with a disability, ifnecessary to assist such person in performing a particular job, unless theemployer can demonstrate that the accommodation would impose an undue burdenon the employer.
1. In determining whether an accommodation would constitute an undue burdenupon the employer, the following shall be considered:
a. Hardship on the conduct of the employer's business, considering the natureof the employer's operation, including composition and structure of theemployer's work force;
b. Size of the facility where employment occurs;
c. The nature and cost of the accommodations needed, taking into accountalternate sources of funding or technical assistance included under §§51.5-18 and 51.5-26;
d. The possibility that the same accommodations may be used by otherprospective employees;
e. Safety and health considerations of the person with a disability, otheremployees, and the public.
2. Notwithstanding the foregoing, any accommodation which would exceed $500in cost shall be rebuttably presumed to impose an undue burden upon anyemployer with fewer than fifty employees.
3. The employer has the right to choose among equally effectiveaccommodations.
4. Nothing in this section shall require accommodations when the authority tomake such accommodations is precluded under the terms of a lease or otherwiseprohibited by statute, ordinance or other regulation.
5. Building modifications made for the purposes of such reasonableaccommodation may be made without requiring the remainder of the existingbuilding to comply with the requirements of the Uniform Statewide BuildingCode.
D. Nothing in this section shall prohibit an employer from refusing to hireor promote, from disciplining, transferring, or discharging or taking anyother personnel action pertaining to an applicant or an employee who, becauseof his disability, is unable to adequately perform his duties, or cannotperform such duties in a manner which would not endanger his health or safetyor the health or safety of others. Nothing in this section shall subject anemployer to any legal liability resulting from the refusal to employ orpromote or from the discharge, transfer, discipline of, or the taking of anyother personnel action pertaining to a person with a disability who, becauseof his disability, is unable to adequately perform his duties, or cannotperform such duties in a manner which would not endanger his health or safetyor the health or safety of others.
E. Nothing in this section shall be construed as altering the provisions ofthe Virginia Minimum Wage Act (§ 40.1-28.8 et seq.).
F. This section shall not apply to employers covered by the federalRehabilitation Act of 1973.
G. No employer who has hired any person because of the requirements of thissection shall be liable for any alleged negligence in such hiring.
(Code 1950, § 63.1-171.6; 1972, c. 156; 1985, c. 421, § 51.01-41.)
