Virginia reasonable‑accommodation requirements

Coverage & definitions

Virginia’s coverage changed substantially in 2026. Senate Bill 637, signed April 13, 2026 and effective July 1, 2026, lowered the employee threshold in the Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) from 15 employees to five, applying one uniform threshold across every protected class. The separate Virginians with Disabilities Act continues to provide accommodation protections at smaller employers.

A disability is a physical or mental impairment that substantially limits a major life activity, a record of such an impairment, or being regarded as having one. Pregnancy, childbirth and related medical conditions, including lactation, are separately protected under § 2.2-3909, also at five employees.

Reasonable‑accommodation duties

Under § 2.2-3905.1, in effect since July 1, 2021, employers with five or more employees must provide reasonable accommodations to the known physical and mental impairments of an otherwise qualified employee or applicant, unless doing so would impose an undue hardship. Accommodations may include accessible facilities, modified work schedules, job restructuring, assistive technology, or changes to workplace policies.

An employer may not take adverse action against an employee for requesting or using an accommodation, and may not deny employment opportunities on the basis of the need for one.

For pregnancy, childbirth and related conditions, the statute lists accommodations including:

• More frequent or longer bathroom breaks.
• Breaks to express breast milk and a private non-bathroom location to do so.
• Acquisition or modification of equipment or seating.
• Temporary transfer to a less strenuous or hazardous position.
• Assistance with manual labor.
• Job restructuring.
• A modified work schedule.
• Light duty.
• Leave to recover from childbirth.

Adverse action is prohibited, and it expressly includes refusing to reinstate the employee to her previous or an equivalent position when the need for the accommodation ends.

Notice, documentation & the interactive process

Virginia is unusual in imposing a written notice duty triggered by a disability disclosure, not only a pregnancy. Under § 2.2-3905.1, an employer must post in a conspicuous location and include in any employee handbook information about the right to reasonable accommodation for disabilities, and must provide that information directly to new employees at the start of employment and to any employee within 10 days of that employee giving notice that they have a disability. The Office of Civil Rights publishes a poster.

The pregnancy statute, § 2.2-3909, imposes the parallel duty: post, include in any handbook, deliver to new employees, and deliver to any employee within 10 days of her giving notice that she is pregnant. These are the only two Virginia laws requiring specific handbook content and event-triggered notices during employment, and an employer that has the posters but not the handbook language is out of compliance.

Both statutes require a timely, good-faith interactive process once a request is made, to determine whether the requested accommodation is reasonable and, if not, to discuss alternatives. Employers may request supporting medical documentation only where the need for accommodation is not obvious, limited to the condition and the accommodation sought, and must keep it confidential.

Enforcement & penalties

Senate Bill 637 extended the window for filing a discrimination complaint with the Virginia Office of Civil Rights from 300 days to two years, effective July 1, 2026. The extension covers claims still timely on that date or arising afterward; it does not revive claims whose 300-day window had already closed. Employees may file with the Office of Civil Rights or with the federal Equal Employment Opportunity Commission.

Remedies include back pay, reinstatement, compensatory damages, injunctive relief requiring the accommodation, and attorney fees. The two-year window makes retention of accommodation and notice records materially more important than before.

How Disclo simplifies Virginia accommodation compliance

Managing accommodation requests under the Virginia Human Rights Act can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.

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• Automated reminders guard against missed response windows, including both 10-day written notice deadlines.
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Practical tips for employers

• Build two 10-day clocks into your intake: one runs from a disability disclosure, one from a pregnancy disclosure.
• Put both accommodation policies in the handbook, not just on the wall — the statute requires both.
• Recheck headcount against the five-employee threshold that took effect July 1, 2026.
• Retain accommodation and notice records for at least two years, matching the new filing window.
• Reinstate employees to their prior or an equivalent position when a pregnancy accommodation ends; failing to is adverse action.
• Request only documentation directly related to the limitation and the accommodation sought.

This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.