Employee Disability and Cannabis Oil Protections Set to Take Effect in Virginia

Key Takeaway: Virginia, once known as a jurisdiction with very few state employment laws, is quickly changing that reputation with the passage of numerous new laws since the Democrats took control of the state legislature in 2019.

HB 1848 amends the Virginia Human Rights Act by prohibiting discrimination against those who are qualified to perform the “essential functions of a job with or without reasonable accommodation,” the law creates new reasonable accommodation requirements.

Employers cannot take adverse action against an employee because they request or use reasonable accommodations, or refuse employment to applicants because the employer will be required to provide them a reasonable accommodation.

Virginia employers should also note that the new law requires employers to include information on employees’ rights to reasonable accommodations for disabilities in their employee handbook and post the same in a “conspicuous” place at the location of employment.

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