Preemployment Screening and Testing: Virginia

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jessica Sussman

Summary

• Virginia employers may not require applicants to disclose information about arrest or criminal charges that did not result in conviction or that have been expunged. See Arrest and Conviction Inquiries.
• Applicants for certain positions must undergo a mandatory background check as a condition of employment. See Mandatory Background Checks.
• Although Virginia does not regulate the drug and alcohol testing of applicants, employers should ensure that any testing in conducted in a uniform, non-discriminatory manner. See Drug Testing.
• Genetic testing in employment is prohibited in Virginia. See Genetic Testing.
• Employers must have the express consent of applicants in order to conduct an AIDS/HIV test. See AIDS/HIV Testing.
• Virginia law has several laws that regulate the use of polygraph tests during the preemployment screening process. See Polygraph Tests.
• Virginia recognizes a cause of action for negligent hiring. As a result, employers should take all necessary precautions to ensure the applicant does not pose a potential harm to others. See Negligent Hiring.
• A mandatory E-Verify law applies to state government agencies and also covers contractors doing business with state agencies above a certain amount. See E-Verify.