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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 (over 40 years), marital status, pregnancy, childbirth or related medical condition, or disability (VA Code Sec. 2.2-3900 et seq.). Employers with more than 5 but fewer than 15 employees are prohibited from discharging an employee on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions (including lactation), or age (VA Stat. Sec. 2.2-3903).
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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.
State law prohibits AIDS testing unless the individual to be tested has given his or her informed consent. The law also requires test results to be kept confidential except in certain limited circumstances (such as mandatory disclosure to government health authorities) (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 ...

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