Virginia Selection and Testing: What you need to know

The Virginia Human Rights Act prohibits employment discrimination based on race, color, religion, national origin, sex, age, marital status, pregnancy, childbirth or related medical condition, or disability (VA Code Sec. 2.2-3900 et seq.). The Act covers all employers, regardless of size.
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Generally, employers may utilize professionally developed aptitude tests and other selection procedures if such tests are not designed, intended, or used to discriminate against a protected individual or group of individuals.
Employers may not test employees for the human immunodeficiency virus (HIV) without written authorization. Employers must also maintain the confidentiality of any and all subsequent test results (VA Code Sec. 32.1-36.1).
Virginia does not prohibit the use of lie detector tests in employment situations. However, the state does prohibit the use of certain questions on polygraph tests for employment. Employers cannot, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the applicant's sexual activities unless the applicant's sexual activity has resulted in a criminal conviction (VA Code Sec. 40.1-51.4:3).
The Virginia Smokers' Rights Law prohibits discrimination against state or local government employees and applicants based on the use or nonuse of tobacco products (VA Code Sec. 2.2-2902, Sec. 15.2-1504).
An employer may not require an employee or job applicant to pay the cost of a medical examination or of obtaining medical records as a condition of employment (VA Code Sec. 40.1-28). There is a ...

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