We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC SECTOR
Who must follow: This ban-the-box law applies only to public sector employers for the State of Virginia (all agencies, boards, and commissions within the executive branch of government subject to the authority of the Governor).
Timing of inquiry: Public sector employers for the state of Virginia may only inquire into criminal history after the applicant is deemed “otherwise eligible” and is being considered for a specific position.
Adverse action implications
Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
Who must follow: This ban-the-box law applies only to public sector jobs for localities in the State of Virginia.
Timing of inquiry: A locality may not inquire into or request disclosure of an applicant’s criminal history or pending criminal cases on a job application or before an initial interview. Exceptions apply for certain positions, including law enforcement, local school boards, and “sensitive” positions as defined by the law.
STATE LAWS — PUBLIC & PRIVATE SECTOR – EFFECTIVE JULY 1, 2020
Who must follow: This ban-the-box law applies to public and private employers in Virginia.
Inquiry Limitations: Employers in Virginia may not ask a candidate about, or require an applicant to disclose, information about any arrest, criminal charge or conviction for simple possession of marijuana. The restriction does not apply to offenses for distribution of or intent to distribute marijuana. When answering an employer’s questions about arrests, criminal charges and convictions, applicants may legally exclude references to or information about simple possession of marijuana offenses.
Who must follow: This ban-the-box law applies only to public sector employers for the town of Blacksburg, VA.
Timing of inquiry: Public sector employers for the town of Blacksburg may only inquire into criminal history after the applicant has been deemed the best candidate for the position.
Adverse action implications:
Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
Who must follow: This ban-the-box law applies only to public sector employers for the City of Fredericksburg, VA.
Timing of inquiry: Public sector employers for the city of Fredericksburg may only inquire into criminal history after a conditional offer of employment.
Adverse action implications:
Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
Final adverse action: If you deny an application, you must provide a written notice that includes a description of the disqualifying information, as well as the name of the background check company that ran the report.
Who must follow: This ban-the-box law applies only to public sector employers for the city of Harrisonburg, VA.
Timing of inquiry: Public sector employers for the city of Harrisonburg may only inquire into criminal history after a conditional offer of employment.
Who must follow: This ban-the-box law applies only to public sector employers for Prince William County, VA.
Timing of inquiry: Public sector employers for Prince William County may only inquire into criminal history after an applicant has completed the interview process.
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