Are employers allowed to ask job applicants questions about their criminal history?

In the state of Virginia, employers are allowed to ask job applicants questions about their criminal history when they are filling out job applications, but there are restrictions to what employers can ask. Employers cannot ask questions about arrests or pending criminal charges. They also must be sure that the questions they do ask are related to the job in question. Furthermore, employers must have policies in place that are applied to all applicants, regardless of race, color, religion, sex, national origin, age, disability, or veteran status. Employers in Virginia must follow both the state and federal laws when it comes to inquiring about a job applicant’s criminal history. Under federal law, employers are not allowed to discriminate against job applicants based on their race, color, religion, sex, national origin, age, disability, or veteran status. For example, if an employer only asks certain applicants about their criminal history due to their race, national origin, or any other protected status, then that could be considered unlawful employment discrimination. Under Virginia state law, employers are also not allowed to deny employment or treat applicants differently based solely on their criminal history. Employers must adhere to the state and federal laws regarding inquiries about an applicant’s criminal record. They must ensure that the questions they ask are job related and necessary for the position. Additionally, employers may not use criminal history or investigative consumer reports in a way that would have a disparate impact on applicants of a protected group.

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