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Virginia AIDS and Disease: What you need to know

The Virginians with Disabilities Act (VDA) prohibits employment discrimination against otherwise qualified individuals with a disability solely because of the disability. The VDA covers all public and private employers, regardless of size (VA Code Sec. 51.5-41). The Virginia Human Rights Act also protects individuals with a disability from discrimination (VA Code Sec. 2.2-3900 et seq.). Virginia law prohibits an employer from making a decision regarding hiring, promotion, job duties, compensation, or any other condition of employment on the basis of knowledge or suspicion that an individual has a disability.
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An employer may refuse to hire or promote, or may discipline, transfer, or discharge an applicant or employee with a disability who is unable to perform his or her duties adequately or in a manner that would not endanger his or her health or safety, or the health or safety of others (VA Code Sec. 51.5-41D).
Employers that hire an individual because of the requirements of the VDA are not liable for any alleged negligence in the hiring decision (VA Code Sec. 51.5-41G).
The Virginia AIDS Testing Law prohibits AIDS testing unless the individual to be tested has given his or her informed consent. The law also requires test results to be kept confidential except in certain limited circumstances (such as mandatory disclosure to government health authorities). The law provides for penalties of $100 or actual damages, whichever is greater, for unauthorized disclosure of AIDS test results (VA Code 32.1-36.1 et seq.).
State law prohibits employers from requesting, requiring, soliciting, or administering a genetic test to any person as a condition of employment (VA ...

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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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