West Virginia Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

West Virginia Pre-Employment Inquiries (Interviewing): What you need to know

The West Virginia Human Rights Act prohibits employment practices that discriminate on the basis of race, color, religion, age (40 and older), sex, national origin, ancestry, blindness (defined by statute), or disability. The Act specifically prohibits asking job applicants about any of these characteristics, either on an application form or in an interview, unless there is a bona fide occupational qualification (BFOQ) (WV Code Sec. 5-11-1 et seq.). The Act covers private employers with 12 or more employees within the state and all state and local government agencies, regardless of size.
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The West Virginia Pregnant Workers Fairness Act prohibits employers from discriminating against applicants or employees on the basis of pregnancy, childbirth, or related medical conditions (WV Code Sec. 5-11B-1 et seq.). The law also requires employers to provide reasonable accommodations to the known pregnancy-related limitations of an applicant or employee. The law applies to employers covered under the West Virginia Human Rights Act.
Acquired immunodeficiency syndrome (AIDS) test results. A separate law provides that no person may be compelled to disclose the results of any test for HIV infection or AIDS (WV Code Sec. 16-3C-1 et seq.).
Use of tobacco products. Also prohibited is discrimination against an individual because he or she uses tobacco away from the workplace during nonworking hours. The law applies to all public and private employers, regardless of size, but does not apply to nonprofit employers whose primary purpose is discouraging tobacco use. Questions about an applicant's use of tobacco should be avoided (WV Code Sec. 21-3-19 ).
Religious accommodation. If an applicant has notified an employer of the need ...

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