Virginia Governor Terry McAuliffe has issued Executive Order #41, thereby adding Virginia to the growing list of jurisdictions (including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, Rhode Island, Washington, D.C., and more than 100 cities and counties) that have “banned the box” and excluded and/or limited the use of criminal background checks in hiring for certain jobs. While Executive Order #41 does not currently impact private employers, Virginia employers should begin evaluating whether the use of criminal background information for employment purposes is appropriate for their organizations, including whether the benefits of such practices are worth the risks in the current political environment.

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