Virginia Hiring laws & HR compliance analysis

Virginia Hiring: What you need to know

Private employers. The Virginia Human Rights Act (VHRA) prohibits hiring practices that discriminate on the basis of 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.). The Act covers private employers with more than 5 but fewer than 15 employees.
Public employers. An Executive Order (EO) issued by the governor (EO No. 1 (2014)) prohibits employment discrimination in state government based on race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, or disability.
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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.).
Under Virginia law, employers and labor unions doing business in the state must report the hiring of any person to perform work and receive earnings (VA Code Sec. 63.2-1946 et seq.). Employers must also report the rehire of any employee who was previously laid off, furloughed, terminated, or placed on leave without pay. Reports must be made within 20 days of the hire or rehire. Failure to report as required can result in the assessment of fines against the employer.
Details on reporting requirements and filing information are available on the website of the Virginia New Hire Reporting Center.
Last reviewed March 2017.

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