Virginia National Origin Discrimination laws & HR compliance analysis

Virginia National Origin Discrimination: What you need to know

The Virginia Human Rights Act (VHRA) prohibits employment practices that discriminate on the basis of national origin (VA Stat. Sec. 2.2-3900). The Act covers employers with more than 5 but fewer than 15 employees.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Bona fide occupational qualification (BFOQ). Employment decisions based on national origin are unlawful, unless national origin is a BFOQ reasonably necessary to the normal operations of the contractor. This exception is very rare, and employers should be very cautious in relying on the BFOQ defense when making employment decisions.
State agencies are covered separately by an Executive Order issued by the governor (E.O. No. 1 (2014)) and the Constitutional Officers Bias Law (VA Stat. Sec. 15.2-1604 et seq.), both of which prohibit employment discrimination based on national origin.
Every contractor or subcontractor who holds a contract for over $10,000 with the state of Virginia is prohibited by the Fair Employment Contracting Act from discriminating on the basis of national origin (VA Stat. Sec. 2.2-4310 et seq.).
Citizenship requirements that are made a condition of employment discriminate on the basis of national origin in violation of the state law. Inquiries about a person's citizenship or country of birth are unlawful and imply discrimination on the basis of national origin.
The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the identity and eligibility to work in the United States for all newly hired employees. To satisfy the IRCA's verification requirements, employers should ask all new hires for documents establishing both identity and work authorization, but not his or her country of origin. There ...

Read more about National Origin Discrimination