Applications - West Virginia

Summary of differences between federal and state regulations

There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic”) and non-discrimination provisions for hiring in general (see the Discrimination topic).

West Virginia law provides that a person whose criminal record is expunged will not have to disclose any information regarding that record on an application for employment. §61-11-25.

It is an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, for an employer to elicit any information or use any form of application or application blank containing questions concerning the race, religion, color, national origin, ancestry, sex, or age of any applicant for employment. §5-11-9

State

Contact

West Virginia Division of Labor

Regulations

West Virginia Code Chapter 61, §61-11-25

West Virginia Code Chapter 5, §5-11-9

Federal

Contacts

None.

Regulations

None.