General Assembly Update – 2023 Was A Good Year

As always, Virginia’s General Assembly sessions are filled with action and, well, politics. Going into this session, we had four initiatives on the docket.

The first bill was a team effort with the Disability Commission of Virginia to replace the words “handicap” or “handicapped”, referenced 70 times in the Code of Virginia, with “disabled person” or “person with disability”. That bill passed and is on its way to the Governor’s desk.

The second bill championed the alternative application process for persons with disabilities. Last year an alternative application process passed that established a probationary period that allowed those with disabilities to prove they could handle a position. This year’s bill extended the right for any current state government employees to use the alternative application process as they transition to a different state agency job. The intent is to create full-time employment opportunities after the probationary period has passed. That bill is on the way to the Governor’s desk for signature.

The third bill addresses the elimination of sub-minimum wage payments. Current Virginia law allows organizations to pay disabled persons pennies on the dollar.  We worked to introduce wage payments to disabled persons that align with the original intent of the Fair Labor Standards Act. At issue is section 14C of the FSLA, special minimum wage requirements for workers with disabilities, whose use has been dwindling. The intent is to discontinue the use of Section 14C altogether in favor of this law. The law passed and is on its way to the Governor's desk.

One bill requiring specific technology standards to be implemented for websites that address accessibility and inclusion failed.

Now, about the Governor’s signature. This year’s General Assembly session ended without the passage of a budget. The Governor can’t sign laws sent to his office until the General Assembly reconvenes in a special session and passes a budget, so all laws passed remain in limbo until this happens. Once we know the final disposition of these laws, we’ll report on it in a separate blog post.