Va. Code » Title 51.5. Persons with Disabilities » Chapter 9. Rights of Persons with Disabilities
Virginia Code

Va. Code Ann. § 51.5-40 (2026)

Nondiscrimination under state grants and programs

✓ current as of May 2026
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No person with a disability who is otherwise qualified shall on the basis of his disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving state financial assistance or under any program or activity conducted by or on behalf of any state agency.

1985, c. 421, § 51.01-40; 1990, c. 458; 1992, c. 627; 2002, c. 572; 2012, c. 847; 2014, c. 616.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1990–2023 · leading case: Winborne v. Virginia Lottery, 677 S.E.2d 304 (Va. 2009).
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Winborne v. Virginia Lottery, 677 S.E.2d 304 (Va. 2009). · cites it 10× “Code § 51.5-40. Title II of the ADA states as follows: Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or…”
Eastman v. Virginia Polytechnic Inst. & State Univ., 732 F. Supp. 665 (W.D. Va. 1990). · cites it 9× “The court concludes that the Virginia Rights of Persons with Disabilities Act, Va.Code §§ 51.5-40 et seq., is the most analoguous state statute, and the court must apply the one-year statute of limitations to the Rehabilitation Act of 1973.”
Mary M. Tyndall v. Nat'l Educ. Centers, Inc. of California, T/a Kee Bus. Coll. Campus Nat'l Educ. Centers, Inc., 31 F.3d 209 (4th Cir. 1994). “Tyndall next contends that Kee violated the Virginians with Disabilities Act (“VDA”), Va. Code § 51.5-40 et seq., by failing to make reasonable accommodations to her disability and by terminating her.”
Lewis v. Aetna Life Ins., 993 F. Supp. 382 (E.D. Va. 1998). · cites it 4× “However, the Fourth Circuit has held that the Virginia Rights of Persons with Disabilities Act (the “Virginia Act”), Va.Code Ann. § 51.5-40 et seq., provides the most analogous statute of limitations for claims brought under the federal Rehabilitation Act, the predecessor to the…”
Bolinsky v. Carter Mach. Co., Inc., 69 F. Supp. 2d 842 (W.D. Va. 1999). · cites it 2× “The Virginians with Disabilities Act, Va.Code Ann. §§ 51.5-40 to 46 (Michie 1998), makes unlawful discrimination in employment "solely” because of a disability.”
Richards v. Fairfax Cnty. Sch. Bd., 798 F. Supp. 338 (E.D. Va. 1992). · cites it 2× “to Dismiss at 28-30). The defendants argue that the Court should instead use the one-year limitations period contained in the Virginia Rights of Persons with Disabilities Act, Va.”
Flippo v. Am. Home Prods. Corp., 59 F. Supp. 2d 572 (E.D. Va. 1999). · cites it 2× “Finally, the Court notes that the standards for liability under the Virginians *578 with Disabilities Act, Va.Code Ann. § 51.5-40, et seq., (the “VDA”) “follow the standards .”
Krpan v. Registry of Interpreters for the Deaf, Inc., 167 F. Supp. 3d 774 (E.D. Va. 2016). · cites it 2× “Specifically, defendant argues that the one-year statute of limitations under the Virginia Rights of Persons with Disabilities Act, Va.Code Ann. §§ 51.5-40 et seq., (“Virginia Disabilities Act”) applies to plaintiffs claims and that his claims accrued years before he instituted…”
Childress v. Clement, 5 F. Supp. 2d 384 (E.D. Va. 1998). · cites it 2× “The Fourth Circuit has held that the Virginia Rights of Persons with Disabilities Act, Va. Code Ann. § 51.5-40 et seq., provides the most analogous statute of limitations for claims brought under the Federal Rehabilitation Act.”
Bacon v. City of Richmond, 386 F. Supp. 2d 700 (E.D. Va. 2005). “§ 51.5-40. A close examination of the Complaint does not reveal any allegations or facts from which a reasonable inference may be drawn, that the City has received any state funding for its educational programs.”
Bacon v. City of Richmond, 419 F. Supp. 2d 849 (E.D. Va. 2006). · cites it 2× “As to Plaintiffs’ allegation of VDA violations, the Court held that the Complaint was deficient as it failed to “reveal any allegations or facts from which a reasonable inference may be drawn, that the City has received any state funding for its educational programs” as is…”
Niland v. Town of Middleburg, 36 Va. Cir. 48 (Loudoun Cir. Ct. 1995). · cites it 2× “She does not cite the Virginians with Disabilities Act (Virginia Code § 51.5-40 et seq.). The Town’s argument on their Demurrer is very narrow.”
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