Virginia Fair Hiring Laws - WorkforceHub
Virginia's fair hiring laws, which supplement federal regulations, include "ban-the-box" provisions restricting inquiries about criminal history except for certain sensitive jobs, protect prospective employees from disclosing sexual history during polygraph tests and social media passwords, and prohibit employers from interfering with an employee's ability to be hired elsewhere, with violations potentially resulting in misdemeanor charges and fines.
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.
Related
Massachusetts Fair Hiring Laws - WorkforceHub
Massachusetts fair hiring laws, which include stricter regulations than federal laws such as prohibiting salary history inquiries until after a job offer with compensation details is made, requiring salary range disclosures for positions at employers with 25+ employees, and enforcing a ban-the-box policy that limits when criminal history can be requested during hiring, provide enhanced protections for job applicants beyond federal standards.
Arkansas Fair Hiring Laws - WorkforceHub
The Arkansas Fair Hiring Laws largely align with federal regulations such as the Equal Pay Act, Age Discrimination in Employment Act, and Americans with Disabilities Act, while also including some state-specific provisions like the Arkansas Genetic Information in the Workplace Act and adherence to "ban-the-box" laws that restrict when employers can inquire about criminal history during hiring.
Maine Fair Hiring Laws - WorkforceHub
Maine's fair hiring laws, including its "ban-the-box" statute under "An Act Relating to Fair Chance in Employment," prohibit employers from asking about criminal history on initial job applications and restrict discrimination based on such history, requiring employers to allow applicants to explain convictions before final hiring decisions, with some exemptions for positions requiring background checks, thereby imposing stricter regulations than federal fair hiring laws.
Hawaii Fair Hiring Laws - WorkforceHub
Hawaii's fair hiring laws, while generally aligned with federal regulations, include unique provisions such as being the first state to implement a ban-the-box law limiting employer consideration of criminal convictions to specific timeframes and expanding protections under equal pay laws to cover substantially similar work, with certain employer exemptions.
Louisiana Fair Hiring Laws - WorkforceHub
The guide explains that Louisiana's fair hiring laws, including its Fair Chance law for employers with 20+ employees, impose specific restrictions on considering criminal history during hiring that differ from federal regulations, while the state adheres to federal laws like the Equal Pay Act and Age Discrimination in Employment Act.
Kentucky Fair Hiring Laws
Kentucky's fair hiring laws include unique state-specific regulations such as prohibiting discrimination against tobacco users by employers with eight or more employees, allowing incentives for quitting tobacco, restricting when employers can inquire about criminal convictions in hiring processes, and easing licensing barriers for individuals with felony convictions, thereby differing in several ways from federal fair hiring laws administered by the EEOC and DOL.