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Interviewing and Selecting Job Candidates: Virginia

Interviewing and Selecting Job Candidates requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jessica Sussman


  • Virginia Human Rights law extends protections beyond those afforded under federal law, and applies to employers with six or more employees. See Virginia Human Rights Act.
  • The City of Alexandria goes beyond the Virginia Human Rights Act in an important respect. See Alexandria Ordinance.
  • Employers may rely on a bona fide occupational qualification in hiring under certain limited circumstances. See Bona Fide Occupational Qualification.
  • Virginia employers may not require applicants to disclose information about arrest or criminal charges that did not result in conviction or that have been expunged. See Arrest and Conviction Inquiries.
  • A 2015 executive order bans state agencies from asking criminal history questions on job applications. See Ban the Box.
  • Virginia employers may not ask job applicants or employees for the usernames or passwords to their personal social media accounts. See Social Media Privacy.
  • Employers should be aware that Virginia courts recognize negligent hiring claims. See Negligent Hiring.
  • Evidence of a reference check can provide an employer with a defense to a negligent hiring claim. See Reference Checks.