By Laura Reitze (she/her), Washington and Lee Legal Intern
The Virginians with Disabilities Act (VDA) has provided state-level protections for people with disabilities since 1985—five years before the passage of the Americans with Disabilities Act. The Rehabilitation Act had already been on the books since 1973.
At the state level, Virginia had scattered laws and entities in place protecting people with disabilities prior to passage of the VDA. Virginia white cane laws preceded the VDA by at least a decade, some dating back to the 1950s. These laws make it a misdemeanor for a person who is not “blind or otherwise incapacitated” to carry a white cane[1] and require drivers to take all necessary precautions to not injure pedestrians with a white cane.[2] There also existed an Advocacy Department for the Developmentally Disabled, which could pursue appropriate remedies to enforce the rights of people with disabilities.[3]
When the VDA was introduced in the 1984 General Assembly, Virginia law only protected people with physical impairments.[4] The VDA greatly expanded protections for people with disabilities and included people with mental impairments as well.[5] The bill was introduced by Delegate Warren Stambaugh of Arlington. The Governor’s Overall Advisory Council on Needs of Handicapped Persons (GOAC), assisted by the Advocacy Department for the Developmentally Disabled, conducted public hearings over the course of a year in preparation for the proposed VDA legislation.[6] The Institute of Law, Psychiatry and Public Policy assisted GOAC with the final draft of the proposal.[7]
While the VDA progressed effortlessly through the House in a 96-to-1 vote in the 1984 General Assembly, the Senate committee voted to delay action on the bill until 1985.[8] The vote to postpone consideration of the bill followed a campaign against the VDA by the Virginia Chamber of Commerce.[9] Employers complained of the effect the bill would have on businesses and local governments.[10] Lobbyists succeeded in imposing several restrictions on the final version of the bill signed into law.[11] For example, employers were not required to make accommodations that would impose an “undue burden” on the employer.[12] Accommodations costing more than $500 were presumed to be an undue burden on employers with fewer than fifty employees.[13] Additionally, the original proposed bill protected not only those with a disability, but those regarded as having a disability.[14] In the version ultimately enacted, the VDA did not protect people incorrectly perceived as having a disability.[15]
The VDA was signed into law in 1985 by Governor Chuck Robb.[16] In its final form, the VDA had a narrow definition of “person with a disability.” In order to be protected under certain provisions of the VDA, a person had to be an “otherwise qualified” person with a disability.[17] An “otherwise qualified” person was defined as someone who could perform a particular function without accommodation.[18] Further, the person’s impairment had to be “substantial,” yet “unrelated” to their employment.[19] As one critic noted, “Why…would an employer need to make an accommodation of any kind for a person whose impairment (though it is ‘substantial’) is ‘unrelated’ to the employment?”[20] After drawing significant criticism, this definition was expanded in 1988 to include protections for people with disabilities who could perform the job with reasonable accommodations.[21]
Prior to passage of the VDA, Virginia law prohibited marriages of people declared incompetent where the woman was under forty-five years old.[22] These laws, which were remnants of older eugenics statutes, were repealed by the VDA.[23]
The VDA also created the Department for Rights of the Disabled, which was housed under the executive branch of the state government.[24] The Department absorbed the responsibilities of the preexisting Advocacy Department for the Developmentally Disabled.[25] The Department was charged with enforcing the VDA provisions regarding the rights of people with disabilities.[26] However, its enforcement power was limited because the Governor had to expressly approve the initiation of litigation.[27] During his campaign for Governor in 2001, Mark R. Warner advocated for a more powerful protection and advocacy agency for people with disabilities.[28] Subsequently, the Department was replaced in 2002 by the Virginia Office for Protection and Advocacy (VOPA), which was itself replaced by the disAbility Law Center of Virginia (dLCV) in 2012.[29] The dLCV, an independent nonprofit, acts as the current protection and advocacy agency for Virginia.[30]
The VDA has seen various other amendments since being passed into law in 1985. In 2024, for instance, it was amended to explicitly require places of public accommodation to remove barriers to accessibility when doing so is “readily achievable.”[31] A 2025 amendment expressly recognizes the rights of people with disabilities in public playgrounds.[32] Despite expanded protections for people with disabilities since 1985, the VDA, unlike federal disability laws, has yet to recognize those perceived as having a disability.[33] Additionally, the VDA still requires that an employee who has been discriminated against prove that their employer discriminated against them “solely” because of their disability.[34]
Although there is still progress to be made, the VDA has provided important legal protections for people with disabilities for forty years. Today, it impacts the lives of an estimated 1.9 million Virginians.[35]
Citations:
[1] Va Code. § 18.2-212.1
[2] Va. Code § 46.2-932.1.
[3] Frank M. Feibelman, The Virginians with Disabilities Act: A Bill of Rights for the Handicapped or a Cruel Hoax, 5 DEV. MENTAL HEALTH L. 12 (January-June 1985).
[4] Virginians with Disabilities Act Introduced , 3 DEV. MENTAL HEALTH L. 29 (October-December 1983).
[5] Frank M. Feibelman, The Virginians with Disabilities Act: A Bill of Rights for the Handicapped or a Cruel Hoax, 5 DEV. MENTAL HEALTH L. 12 (January-June 1985).
[6] Virginians with Disabilities Act Introduced , 3 DEV. MENTAL HEALTH L. 29 (October-December 1983).
[7] Id.
[8] https://www.washingtonpost.com/archive/politics/1984/02/18/va-senate-kills-handicapped-bill-of-rights/8f8723a9-b7f1-4817-bc99-0209f1a75f4d/.
[9] In the Virginia General Assembly – 1984, 4 DEV. MENTAL HEALTH L. 1 (January-June 1984).
[10] https://www.washingtonpost.com/archive/politics/1984/02/18/va-senate-kills-handicapped-bill-of-rights/8f8723a9-b7f1-4817-bc99-0209f1a75f4d/.
[11] In the Virginia General Assembly – 1985, 5 DEV. MENTAL HEALTH L. 7 (January-June 1985).
[12] Id.
[13] Id.
[14] Virginians with Disabilities Act Introduced , 3 DEV. MENTAL HEALTH L. 29 (October-December 1983).
[15] In the Virginia General Assembly – 1984, 4 DEV. MENTAL HEALTH L. 1 (January-June 1984).
[16] Frank M. Feibelman, The Virginians with Disabilities Act: A Bill of Rights for the Handicapped or a Cruel Hoax, 5 DEV. MENTAL HEALTH L. 12 (January-June 1985).
[17] Id.
[18] Donald H. Stone, Handicap Law, 22 U. RICH. L. REV. 637 (Summer 1988).
[19] State Disability Rights Bill Revised , 4 DEV. MENTAL HEALTH L. 19 (July-December 1984).
[20] Id.
[21] Donald H. Stone, Handicap Law, 22 U. RICH. L. REV. 637 (Summer 1988).
[22] Virginians with Disabilities Act Introduced , 3 DEV. MENTAL HEALTH L. 29 (October-December 1983).
[23] Id.
[24] State Disability Rights Bill Revised , 4 DEV. MENTAL HEALTH L. 19 (July-December 1984).
[25] In the Virginia General Assembly – 1985, 5 DEV. MENTAL HEALTH L. 7 (January-June 1985).
[26] Id.
[27] Id.
[28] https://www.washingtonpost.com/archive/local/2001/08/04/warner-urges-more-powerful-agency-for-disabled/6ce4a39d-3f10-4224-a502-16bac53d24b4/.
[29] Va. Code § 51.5-39.13.
[30] Id.
[31] Va. Code § 51.5-44(B).
[32] VA LEGIS 378 (2025), 2025 Virginia Laws Ch. 378 (H.B. 1800).
[33] Va. Code § 51.5-40.1.
[34] Va. Code § 51.5-41(A).
[35] https://dhds.cdc.gov/SP?LocationId=51&CategoryId=DISEST&ShowFootnotes=true&showMode=&IndicatorIds=STATTYPE,AGEIND,SEXIND,RACEIND,VETIND&pnl0=Table,false,YR7,CAT1,BO1,,,,AGEADJPREV&pnl1=Chart,false,YR7,DISSTAT,,,,,PREV&pnl2=Chart,false,YR7,DISSTAT,,,,,AGEADJPREV&pnl3=Chart,false,YR7,DISSTAT,,,,,AGEADJPREV&pnl4=Chart,false,YR7,DISSTAT,,,,,AGEADJPREV&t=1754586819938
Laura Reitze (she/her) is a law student at Washington and Lee University. Laura graduated in 2022 from the College of William & Mary, where she earned her bachelor’s degree in Linguistics and Studio Art. She also interned at the William & Mary Special Education Advocacy Clinic, where she assisted parents in obtaining accommodations and services for their children in Virginia public schools. Following graduation, she worked full-time in law firms specializing in immigration, and got involved with the disAbility Law Center, assisting with the dLCV’s bill tracking efforts. She was excited to deepen her involvement with the dLCV as a legal intern during the summer of 2025. In her free time, you can find her trying new recipes, drawing, or hanging out with her cat, Leo.
dLCV Blog Content Statement: dLCV is a 501(c)3 nonprofit that provides information and referral, legal representation, technical assistance, short-term assistance, systemic advocacy, monitoring and training to Virginians with disabilities. Our services are provided free of charge. We are independent from state and local government.
The statements given by staff or volunteers for our blog content are NOT intended to be taken as legal advice. Instead, our blog content aims to focus on the lived experiences of people with disabilities and shine a light on the diverse perspectives within Virginia’s vibrant disability community.