Virginia Governor Terry McAuliffe has signed Executive Order 41 to ban the box. The legislation applies to state employers and removes any reference to criminal history and/or conviction questions on standard employment applications. The law went into effect as soon as it was signed by the Governor.
A few important points about Executive Order 41:
-Employment decisions made by state employers shall not “be based on the criminal history of an individual unless demonstrably job-related and consistent with business necessity, or state or federal law prohibits hiring an individual with certain convictions for a particular position.”
-It encourages private employers to follow the new ban the box law.
-Exceptions to the law include “sensitive positions” (such as jobs in law enforcement) where criminal background checks are required in order to gain employment.
-A background check can only be conducted after the applicant; is found to be qualified, is being considered for a position, and signs the authorization and release waiver.
Read the Virginia Governor’s News Release
Read Virginia Executive Order 41