Virginia Application Forms: What you need to know

The Virginia Human Rights Act prohibits employment practices that discriminate on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, disability, age (40 years or over), and marital status, but does not specifically address the issue of application forms (VA Code Sec. 2.2-3900 et seq.). The Act covers all employers.
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Disability. The Virginians with Disabilities Act also prohibits employment practices that discriminate against qualified individuals with a disability (VA Code Sec. 51.5-1). The law covers all employers, regardless of size (Yates v. Volunteer Health Care Sys., 783 F. Supp. 1002 (W.D. Va. 1992)).
The federal Americans with Disabilities Act (ADA) imposes limitations that are similar to those of the state Disabilities Act. Employers may ask only whether a job applicant can perform the duties of the job in question.
The ADA is more restrictive than the state Human Rights Act. This means that employers subject to the ADA must comply with its limitations with respect to questioning applicants about disabilities. Employers should periodically review their application forms to be sure they are in compliance.
The ADA covers employers with 15 or more employees. There is a list of acceptable and unacceptable questions under the ADA.
Virginia law prohibits employers from requiring a job applicant to disclose information about any arrest or criminal charge that has been expunged (VA Code Sec. 19.2-392.4).
Employers with operations in more than one state should periodically review their application forms to ensure compliance with state and local requirements. A California ...

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