{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/51.5-46.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/51.5-46.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/51.5-46.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/51.5-46.html"}],"law_id":367327,"edition_id":2,"section_id":367327,"structure_id":52351,"section_number":"51.5-46","catch_line":"Remedies","history":"1985, c. 421, \u00a7 51.01-46; 1990, c. 458; 1992, c. 627; 2002, c. 572; 2005, c. 681; 2013, c. 571; 2015, c. 710.","full_text":"A\n\nAny 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.\n\nB\n\nAn 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.\n\nC\n\nThe relief available for violations of this chapter shall be limited to the relief set forth in this section.\n\n","order_by":null,"text":{"0":{"id":1367652,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1367653,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1367654,"text":"The relief available for violations of this chapter shall be limited to the relief set forth in this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":52351,"edition_id":2,"name":"Rights of Persons With Disabilities","identifier":"9","label":"chapter","depth":2,"order_by":2,"parent_id":52322,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 02:57:50","date_modified":"2026-08-02 12:34:37","permalink":{"id":1464091,"object_type":"structure","relational_id":52351,"identifier":"9","token":"51.5\/9","url":"\/51.5\/9\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52322,"edition_id":2,"name":"Persons With Disabilities","identifier":"51.5","label":"title","depth":1,"order_by":111,"parent_id":null,"metadata":{"child_laws":166,"child_structures":34},"date_created":"2026-08-02 02:57:37","date_modified":"2026-08-02 12:34:37","permalink":{"id":1463395,"object_type":"structure","relational_id":52322,"identifier":"51.5","token":"51.5","url":"\/51.5\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":367320,"structure_id":52351,"section_number":"51.5-40","catch_line":"Nondiscrimination under state grants and programs","url":"\/51.5-40\/","token":"51.5\/9\/51.5-40","metadata":false},{"id":367319,"structure_id":52351,"section_number":"51.5-40.1","catch_line":"Definitions","url":"\/51.5-40.1\/","token":"51.5\/9\/51.5-40.1","metadata":false},{"id":367321,"structure_id":52351,"section_number":"51.5-41","catch_line":"Discrimination against otherwise qualified persons with disabilities by employers prohibited","url":"\/51.5-41\/","token":"51.5\/9\/51.5-41","metadata":false},{"id":367322,"structure_id":52351,"section_number":"51.5-42","catch_line":"Discrimination against otherwise qualified persons with disabilities by educational institutions prohibited","url":"\/51.5-42\/","token":"51.5\/9\/51.5-42","metadata":false},{"id":367323,"structure_id":52351,"section_number":"51.5-43","catch_line":"Discrimination against qualified persons with disabilities in exercising right to vote prohibited","url":"\/51.5-43\/","token":"51.5\/9\/51.5-43","metadata":false},{"id":367325,"structure_id":52351,"section_number":"51.5-44","catch_line":"Rights of persons with disabilities in public places and places of public accommodation","url":"\/51.5-44\/","token":"51.5\/9\/51.5-44","metadata":false},{"id":367324,"structure_id":52351,"section_number":"51.5-44.1","catch_line":"Fraudulent representation of a service dog or hearing dog; penalty","url":"\/51.5-44.1\/","token":"51.5\/9\/51.5-44.1","metadata":{"court_decisions":""}},{"id":367326,"structure_id":52351,"section_number":"51.5-45","catch_line":"Right of persons with disabilities to housing accommodations","url":"\/51.5-45\/","token":"51.5\/9\/51.5-45","metadata":false},{"id":367327,"structure_id":52351,"section_number":"51.5-46","catch_line":"Remedies","url":"\/51.5-46\/","token":"51.5\/9\/51.5-46","metadata":false}],"previous_section":{"id":367326,"structure_id":52351,"section_number":"51.5-45","catch_line":"Right of persons with disabilities to housing accommodations","url":"\/51.5-45\/","token":"51.5\/9\/51.5-45","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.5-46\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 421 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 458; in 1992, chapter 627; in 2002, chapter 572<\/a>; in 2005, chapter 681<\/a>; in 2013, chapter 571<\/a>; in 2015, chapter 710<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1464125,"object_type":"law","relational_id":367327,"identifier":"51.5-46","token":"51.5\/9\/51.5-46","url":"\/51.5-46\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/51.5-46\/","token":"51.5\/9\/51.5-46","dublin_core":{"Title":"Remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.5-46","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any circuit<\/span> court<\/span> having jurisdiction<\/span> and venue<\/span> pursuant to Title 8.01, on the petition<\/span> of any person with a disability<\/span>, shall have the right to enjoin the abridgement of rights set forth in this chapter and to order<\/span> such affirmative equitable<\/span> relief as is appropriate and to award compensatory damages<\/span> and to award to a prevailing party<\/span> reasonable attorney fees, except that a defendant<\/span> shall not be entitled to an award of attorney fees unless the court<\/span> finds that the claim was frivolous, unreasonable or groundless, or brought in bad faith. Compensatory damages<\/span> shall not include damages<\/span> for pain and suffering. Punitive damages<\/span> shall not be awarded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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<\/span> or defendants<\/span> 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<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The relief available for violations of this chapter shall be limited to the relief set forth in this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREMEDIES (\u00a7 51.5-46)\n\nA. Any circuit court having jurisdiction and venue pursuant to Title 8.01, on\nthe petition of any person with a disability, shall have the right to enjoin the\nabridgement of rights set forth in this chapter and to order such affirmative\nequitable relief as is appropriate and to award compensatory damages and to\naward to a prevailing party reasonable attorney fees, except that a defendant\nshall not be entitled to an award of attorney fees unless the court finds that\nthe claim was frivolous, unreasonable or groundless, or brought in bad faith.\nCompensatory damages shall not include damages for pain and suffering. Punitive\ndamages shall not be awarded.\n\nB. An action may be commenced pursuant to this section any time within one year\nof the occurrence of any violation of rights under this chapter. However, such\naction shall be forever barred unless such claimant or his agent, attorney or\nrepresentative has commenced such action or has filed by registered mail a\nwritten statement of the nature of the claim with the potential defendant or\ndefendants within 180 days of the occurrence of the alleged violation. Any\nliability for back pay shall not accrue from a date more than 180 days prior to\nthe filing of the notice or the initial pleading in such civil action and shall\nbe limited to a total of 180 days, reduced by the amount of other earnings over\nthe same period. The petitioner shall have a duty to mitigate damages.\n\nC. The relief available for violations of this chapter shall be limited to the\nrelief set forth in this section.\n\nHISTORY: 1985, c. 421, \u00a7 51.01-46; 1990, c. 458; 1992, c. 627; 2002, c. 572;\n2005, c. 681; 2013, c. 571; 2015, c. 710.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}