Hiring
Advertising
What are the requirements relating to advertising open positions?
Virginia has no specific requirements regarding an employer’s responsibility to advertise open positions. However, employers in Virginia are prevented from discriminating while hiring and should ensure that their advertising decisions are not motivated by discriminatory goals or have an unintentional disparate impact upon protected classifications. See Virginia Code § 2.2-3905.
Virginia Code § 18.2-216 also prohibits certain advertisements that are offered to create “interest therein” and contain “any promise, assertion, representation or statement of fact which is untrue, deceptive or misleading.” This general restriction may apply to job postings that include false information.
Background checks
(a)Criminal records and arrests
Employers in Virginia may request an employee’s criminal records during the hiring process. However, Virginia Code § 19.2-392.4 and Virginia Code § 19.2-392.5 prohibit an employer from asking a potential employee to admit or disclose a previous arrest that did not result in charges, or to disclose a criminal charge that has been expunged or sealed.
Employers also are prevented from inquiring about information regarding a previous arrest, criminal charge, or conviction (that is not open for public inspection) that falls under certain charges related to the possession of marijuana. See Virginia Code § 19.2-389.3.
Employers in certain industries (those that support...
Chief Douglas Otaru, the former publicity secretary who was recently removed from his position following the APC state congress, was quoted as making several allegations against Dr. Aliyu Bello, t...