Interviewing and Selecting Job Candidates: West Virginia
Federal law and guidance on this subject should be reviewed together with this section.
Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC
- The West Virginia Human Rights Act (WVHRA) is the state counterpart to the Title VII of the Civil Rights Act, and prohibits discrimination based on race, religion, color, national origin, ancestry, sex, disability, blindness or age. See West Virginia Human Rights Act.
- West Virginia employers are precluded from using application materials that directly or indirectly seek information about a protected classification. See Application Forms and Interviews.
- An employer's use of a quota system as part of its selection process generally is committing an unlawful practice subject to certain limited exceptions. See Quota System.
- West Virginia does not have statutory requirements restricting employers from requesting an applicant's conviction records, but employers should be aware of the EEOC's pronouncements on the issue. See Arrest and Conviction Inquiries.
- An employer should not ask applicants about their medical status during a job interview, but may condition employment on the results of a medical exam performed after a job offer has been extended. See Medical Inquiries.