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Virginia Hiring: What you need to know

Private employers. The Virginia Human Rights Act (VHRA) prohibits hiring practices that discriminate on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability (VA Code Sec. 2.2-3900 et seq.). The Act covers private employers with more than 5 but fewer than 15 employees.
Public employers. The state Equal Employment in State Government Law prohibits employment discrimination in state government on the basis of race, color, religion, political affiliation, age, disability, national origin, or sex (VA Stat. Sec. 2.2-2675 et seq.).
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Arrest bias. An employer may not refuse to hire an applicant because he or she refuses to answer questions about arrest or conviction records that have been expunged. (VA Code Sec. 19.2-392.4)
Equal pay. Employers must pay employees of both sexes equally for equal work (VA Stat. Sec. 40.1-28.6 et seq.).
Under Virginia law, employers and labor unions doing business in the state must report the hiring of any person to perform work and receive earnings (VA Code Sec. 63.2-1946 et seq.). Employers must also report the rehire of any employee who was previously laid off, furloughed, terminated, or placed on leave without pay. Reports must be made within 20 days of the hire or rehire. Failure to report as required can result in the assessment of fines against the employer.
All employers operating in Virginia must report. However, some payroll processing services automatically report additions to the employer’s payroll as they are processed. Employers using a payroll processing service should check to see if it is reporting new hires.
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