Interviewing and Selecting Job Candidates: Virginia
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.