Virginia is one of many states that enforces a ban-the-box law. The law prohibits public sector employers from asking candidates to divulge if they have criminal history before an initial interview. Some job positions are exempt from this restriction, including law enforcement, local school boards and other “sensitive” positions.
Several municipalities and counties in Virginia have also adopted ban-the-box laws that only apply to the public sector, including: Alexandria, Arlington County, Fairfax County, Henry County, Blacksburg, Montgomery County, Norfolk County, Danville, Prince William County, Roanoke County, Harrisonburg and Virginia Beach.
Since the extent of these county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.
Social Media Background Check Law
While social media background checks are allowed in Virginia, employers are prohibited from requiring applicants or employees to provide their social media passwords or usernames or ask the individual to add them as a social media contact.