51.5-46 - Remedies. - Virginia Statutes

§ 51.5-46. Remedies.

A. Any circuit court having jurisdiction and venue pursuant to Title 8.01, onthe petition of any person with a disability, shall have the right to enjointhe abridgement of rights set forth in this chapter and to order suchaffirmative equitable relief as is appropriate and to award compensatorydamages and to award to a prevailing party reasonable attorneys' fees, exceptthat a defendant shall not be entitled to an award of attorneys' fees unlessthe court finds that the claim was frivolous, unreasonable or groundless, orbrought in bad faith. Compensatory damages shall not include damages for painand suffering. Punitive or exemplary damages shall not be awarded.

B. An action may be commenced pursuant to this section any time within oneyear of the occurrence of any violation of rights under this chapter.However, such action shall be forever barred unless such claimant or hisagent, attorney or representative has commenced such action or has filed byregistered mail a written statement of the nature of the claim with thepotential defendant or defendants within 180 days of the occurrence of thealleged violation. Any liability for back pay shall not accrue from a datemore than 180 days prior to the filing of the notice or the initial pleadingin such civil action and shall be limited to a total of 180 days, reduced bythe amount of other earnings over the same period. The petitioner shall havea duty to mitigate damages.

C. The relief available for violations of this chapter shall be limited tothe relief set forth in this section.

D. In any action in which the petitioner is represented by the VirginiaOffice for Protection and Advocacy, no attorneys' fees shall be awarded, norshall the Virginia Office for Protection and Advocacy have the authority toinstitute any class action under this chapter.

(1985, c. 421, § 51.01-46; 1990, c. 458; 1992, c. 627; 2002, c. 572; 2005, c.681.)