A. Any circuit court having jurisdiction and venue pursuant to Title 8.01, on the petition of any person with a disability, shall have the right to enjoin the abridgement of rights set forth in this chapter and to order such affirmative equitable relief as is appropriate and to award compensatory damages and to award to a prevailing party reasonable attorney fees, except that a defendant shall not be entitled to an award of attorney fees unless the court finds that the claim was frivolous, unreasonable or groundless, or brought in bad faith. Compensatory damages shall not include damages for pain and suffering. Punitive damages shall not be awarded.
B. An action may be commenced pursuant to this section any time within one year of the occurrence of any violation of rights under this chapter. However, such action shall be forever barred unless such claimant or his agent, attorney or representative has commenced such action or has filed by registered mail a written statement of the nature of the claim with the potential defendant or defendants within 180 days of the occurrence of the alleged violation. Any liability for back pay shall not accrue from a date more than 180 days prior to the filing of the notice or the initial pleading in such civil action and shall be limited to a total of 180 days, reduced by the amount of other earnings over the same period. The petitioner shall have a duty to mitigate damages.
C. The relief available for violations of this chapter shall be limited to the relief set forth in this section.
1985, c. 421, § 51.01-46; 1990, c. 458; 1992, c. 627; 2002, c. 572; 2005, c. 681; 2013, c. 571; 2015, c. 710.
Notes of Decisions
Bradick v. Grumman Data Sys. Corp., 486 S.E.2d 545 (Va. 1997).
· cites it 20× “" [3] Code § 51.5-46 provides for the relief available for violation of the substantive provisions of the VDA, and subsection (C) specifically provides that "[t]he relief *547 available for violations of this chapter shall be limited to the relief set forth in this section.”
Mannell v. Am. Tobacco Co., 871 F. Supp. 854 (E.D. Va. 1994).
· cites it 8× “” Va.Code § 51.5-46. Defendant urges that any state law claim for wrongful discharge because of disability must be brought under the VDA, and plaintiff has not and eannot allege that she has complied with the VDA’s administrative prerequisites.”
Childress v. Clement, 5 F. Supp. 2d 384 (E.D. Va. 1998).
· cites it 6× “However, such action shall be forever barred unless such claimant or his agent, attorney, or representative has commenced such action or has filed by registered mail a written statement of the nature of the claim with the potential defendant or defendants within 180 days of the…”
Taylor v. Wal-Mart Stores, Inc., 376 F. Supp. 2d 653 (E.D. Va. 2005).
· cites it 3× “See Va. Code § 51.5-46(B). The latest date of any violation alleged by Mr.”
Latson v. Clarke, 249 F. Supp. 3d 838 (W.D. Va. 2017).
· cites it 2× “The defendants contend that the applicable period is the one-year statute of limitations of the Virginia Rights of Persons with Disabilities Act, Va. Code Ann. § 51.5-46 (B). Latson argues that the federal four-year catch-all limitations period applies here.”
Brinn v. Tidewater Transp. Dist. Comm'n, 105 F. Supp. 2d 500 (E.D. Va. 2000).
· cites it 8× “Secondly, TRT argues that Va. Code Ann. § 51.5-46 (D) (Michie 1998) expressly prohibits any plaintiff represented by DRVD from recovering attorney’s fees.”
Bacon v. City of Richmond, 386 F. Supp. 2d 700 (E.D. Va. 2005).
· cites it 2× “Virginia Code § 51.5-46(B) requires that a Plaintiff provide either written notice within 180 days of the alleged violation or commence such action within 180 days of the violation.”
Lewis v. Aetna Life Ins., 993 F. Supp. 382 (E.D. Va. 1998).
· cites it 2× “See Va.Code Ann. § 51.5-46. When the Statute Begins to Run ’ Having determined the appropriate statute of limitations, we next consider when the statute began to run as to plaintiff’s claims.”
Wright v. St. Charles Water Auth., 59 Va. Cir. 244 (2002).
· cites it 2× “It is noted that actions brought under the VHRA must adhere to the same 180-day written notice requirement.”
Stafford v. Radford Cmty. Hosp., Inc., 908 F. Supp. 1369 (W.D. Va. 1995).
· cites it 2× “” VaCode Ann. § 51.5-46 (Michie 1994). Through that statement, “the General Assembly has indicated that the VDA is the exclusive state remedy for employment discrimination based on disability.”
— Va. Code Ann. § 51.5-46(A) — 2 cases
— Va. Code Ann. § 51.5-46(B) — 8 cases
Childress v. Clement, 5 F. Supp. 2d 384 (E.D. Va. 1998).
“However, such action shall be forever barred unless such claimant or his agent, attorney, or representative has commenced such action or has filed by registered mail a written statement of the nature of the claim with the potential defendant or defendants within 180 days of the…”
Bacon v. City of Richmond, 386 F. Supp. 2d 700 (E.D. Va. 2005).
“Virginia Code § 51.5-46(B) requires that a Plaintiff provide either written notice within 180 days of the alleged violation or commence such action within 180 days of the violation.”
— Va. Code Ann. § 51.5-46(C) — 3 cases
Bradick v. Grumman Data Sys. Corp., 486 S.E.2d 545 (Va. 1997).
“" [3] Code § 51.5-46 provides for the relief available for violation of the substantive provisions of the VDA, and subsection (C) specifically provides that "[t]he relief *547 available for violations of this chapter shall be limited to the relief set forth in this section.”
— Va. Code Ann. § 51.5-46(D) — 2 cases
Brinn v. Tidewater Transp. Dist. Comm'n, 105 F. Supp. 2d 500 (E.D. Va. 2000).
“Secondly, TRT argues that Va. Code Ann. § 51.5-46 (D) (Michie 1998) expressly prohibits any plaintiff represented by DRVD from recovering attorney’s fees.”
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