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Preemployment Screening and Testing: West Virginia

Preemployment Screening and Testing requirements for other states

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

Author: XpertHR Editorial Team


  • West Virginia employers must be aware that the state places restrictions on employers' use of arrest and conviction records. See Arrest and Conviction Records.
  • At the preemployment stage, privacy expectations diminish when it comes to drug testing. See Preemployment Drug and Alcohol Testing.
  • A new law broadens the rights of West Virginia employers regarding drug and alcohol testing of applicants as a condition of employment. See West Virginia Safer Workplace Act.
  • Mining employers face additional requirements regarding drug and alcohol testing. See Reporting Requirement for Mining Employers.
  • The state bans mandatory AIDS testing of job applicants, but certain exceptions to this rule are permissible. See AIDS Testing.
  • While the state has a very limited E-Verify requirement for certain new hires, this does not affect West Virginia private employers. See E-Verify.