Virginia Hiring laws & compensation compliance analysis

Virginia Hiring: What you need to know

Private employers. The Virginia Human Rights Act (VHRA) prohibits hiring practices that discriminate based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age (over 40 years), marital status, or disability (VA Code Sec. 2.2-3900 et seq.). Private employers with more than 5 but fewer than 15 employees are prohibited from discharging an employee based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions (including lactation), or age.
Public employers.An Executive Order (EO) issued by the governor prohibits employment discrimination in state government based on race, sex, color, national origin, religion, sexual orientation, gender identity or expression, age, political affiliation, disability, or veteran status (VA E.O. 2018-1).
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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. 51.5-41).
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.).
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 the cost of obtaining medical records as a condition of ...

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