Virginia Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Virginia and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these are related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record. 

Does Virginia Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

The Commonwealth of Virginia has some fair hiring laws in addition to federal statutes. These include:

• For most industries, employers are prohibited from asking about arrests, charges, or criminal convictions (“Ban-the-Box”). Exceptions include jobs in law enforcement, a local school board, and “sensitive” positions.
• A law that says that prospective employees are not required to answer questions about sexual history during a polygraph test. Other polygraph results must be kept confidential and only revealed with the employee’s permission. Exceptions are made for conviction in a sex-related crime.
• Employers may not prevent an employee from being hired elsewhere, whether the employee left voluntarily or was discharged. An employer found in violation may be charged with a misdemeanor and a fine.
• Prospective employees are, by law, not required to disclose social media account usernames or passwords to an employer. Employers can’t demand to be added as a contact, nor can they refuse to hire someone based on exercising these rights.
• When a medical exam or medical records are a condition of employment, employers can’t require a prospective employee to cover the costs.

Do Virginia Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Virginia hiring laws align with the EPA.

Do Virginia Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Under the Virginia Human Rights Act law, workers are afforded the same protections listed in the federal ADEA – employers may not discriminate on the basis of age.

Do Virginia Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Virginia hiring laws align with the ADA.

Do Virginia Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Under Virginia statute 40.1-28.7:1 employers are not permitted to require genetic testing or characteristics as a condition of employment. Some exceptions are allowed, such as in the case of a criminal proceeding. If an applicant does receive a request to take a genetic test or provide results, they may take legal action against an employer.

Do Virginia Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Civil Rights Act of 1964 prevents employers from discriminating on the basis of race, color, religion, sex, or national origin. The Virginia Human Rights Act additionally prevents discrimination based on pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, or disability in places of public accommodation. 

Some additional clarifications in the Virginia law:

• Race may refer to traits historically associated with race, like hair type or hairstyles.
• Gender identity refers to a person’s gender-related identity or appearance regardless of their assigned sex at birth. 
• Religion includes any outward expression of religious faith, such as clothing or grooming.
• Pregnancy and childbirth includes breastfeeding. 

Are There Different Fair Hiring Laws in Cities or Municipalities Across Virginia? 

The city of Alexandria, Virginia has its own Human Rights Code along with a special office set up to enforce the statutes and advise the city council.

Arlington, Prince William, and Fairfax counties also have their own human rights commissions to uphold the state law.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.