Preemployment Screening and Testing: West Virginia
Federal law and guidance on this subject should be reviewed together with this section.
Author: David B. Weisenfeld, XpertHR Legal Editor
- 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.