Are employers allowed to ask job applicants questions about their gender identity?

In Virginia, employers are not allowed to ask job applicants questions regarding their gender identity. This means employers cannot ask questions about how an applicant views their gender or gender expression, or what pronoun an applicant uses. Asking these types of questions is illegal under the Virginia Human Rights Act, which prohibits discrimination based on gender identity in employment. Additionally, the Virginia Values Act was passed in 2020, which further protects individuals from discrimination on the basis of sexual orientation and gender identity or expression in employment. This expands upon the Virginia Human Rights Act and strengthens the rights of individuals to be free from discrimination in the workplace. Overall, the laws in Virginia make it clear that employers are not allowed to ask questions about a job applicant’s gender identity and that employers must respect and protect the gender identity of all employees. Employers who do not abide by these laws can face significant consequences, including fines, lawsuits, and public scrutiny.

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Are employers allowed to ask job applicants questions about their gender identity?

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