A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)

Citation: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Parent Document: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-08-24
Original Source: https://www.courtlistener.com/opinion/612506/a-society-without-a-name-v-commo... ↗

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This court has not previously determined what limitations period governs ADA claims brought in Virginia. But we have held that the Virginia Disabilities Act provides the limitations period for claims brought under the Federal Rehabilitation Act in Virginia because of the similarities between these acts. Wolsky v. Med. Coll, of Hampton Roads, 1 F.3d 222, 225 (4th Cir.1993). And we have held that we apply the same substantive analysis to both the ADA and the Rehabilitation Act “[because the language of the two statutes is substantially the same.” Doe v. Univ. of *348Maryland Med. Sys. Corp., 50 F.3d 1261, 1264 n. 9 (4th Cir.1995). Moreover, the Virginia Disabilities Act itself expressly acknowledges its close connection to both the Rehabilitation Act and the ADA: “The Virginia Office for Protection and Advocacy shall promulgate such regulations as may be necessary to implement this section. Such regulations shall be consistent, whenever applicable, with regulations imposed under the federal Rehabilitation Act of 1973, as amended, and the federal Americans with Disabilities Act of 1990.” Va.Code Ann. § 51.5-40 (footnotes omitted). We therefore agree with the district court’s conclusion that the one-year limitations period in the Virginia Disabilities Act applies to ADA claims brought in Virginia.

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