{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-28.html"}],"law_id":70077,"edition_id":1,"section_id":70077,"structure_id":13640,"section_number":"40.1-28","catch_line":"Unlawful to require payment for medical examination as condition of employment","history":"Code 1950, \u00a7 40-22.1; 1952, c. 525; 1962, c. 66; 1970, c. 321; 1973, c. 425; 1982, c. 84; 2015, c. 285.","full_text":"It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any medical records required by the employer as a condition of employment.\n\t\tAny employer who violates the provisions of this section shall be subject to a civil penalty not to exceed $100 for each violation. The Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. If the employer fails to contest the violation by requesting such an informal conference within 21 days following its receipt of the notice of the alleged violation, the violation and proposed penalty will become a final order of the Commissioner and not subject to review by any court or agency except upon a showing of good cause. Such informal conference shall result in a decision by the Commissioner that will be appealable to the appropriate circuit court. The Department shall send a copy of the Commissioner’s decision to the employer by certified mail or overnight delivery service. The employer may file a notice of an appeal only within 30 days from the receipt of the decision. The appeal shall be on the agency record. With respect to matters of law, the burden shall be on the party seeking review to designate and demonstrate an error of law subject to review by the court. With respect to issues of fact, the duty of the court shall be limited to ascertaining whether there was substantial evidence in the record to reasonably support the Commissioner’s findings of fact.\n\t\tCivil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the Treasury of the Commonwealth. The Commissioner shall prescribe procedures for the payment of proposed penalties which are not contested by employers.","order_by":null,"text":{"0":{"id":253090,"text":"It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any medical records required by the employer as a condition of employment.\n\t\tAny employer who violates the provisions of this section shall be subject to a civil penalty not to exceed $100 for each violation. The Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. If the employer fails to contest the violation by requesting such an informal conference within 21 days following its receipt of the notice of the alleged violation, the violation and proposed penalty will become a final order of the Commissioner and not subject to review by any court or agency except upon a showing of good cause. Such informal conference shall result in a decision by the Commissioner that will be appealable to the appropriate circuit court. The Department shall send a copy of the Commissioner’s decision to the employer by certified mail or overnight delivery service. The employer may file a notice of an appeal only within 30 days from the receipt of the decision. The appeal shall be on the agency record. With respect to matters of law, the burden shall be on the party seeking review to designate and demonstrate an error of law subject to review by the court. With respect to issues of fact, the duty of the court shall be limited to ascertaining whether there was substantial evidence in the record to reasonably support the Commissioner’s findings of fact.\n\t\tCivil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the Treasury of the Commonwealth. The Commissioner shall prescribe procedures for the payment of proposed penalties which are not contested by employers.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13640,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":219807,"object_type":"structure","relational_id":13640,"identifier":"1","token":"40.1\/3\/1","url":"\/40.1\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77584,"structure_id":13640,"section_number":"40.1-22","catch_line":"Safety and Health Codes Commission continued as Safety and Health Codes Board","url":"\/40.1-22\/","token":"40.1\/3\/1\/40.1-22","metadata":false},{"id":67414,"structure_id":13640,"section_number":"40.1-22.1","catch_line":"Governor authorized to enter certain agreements","url":"\/40.1-22.1\/","token":"40.1\/3\/1\/40.1-22.1","metadata":false},{"id":64288,"structure_id":13640,"section_number":"40.1-23","catch_line":"Repealed","url":"\/40.1-23\/","token":"40.1\/3\/1\/40.1-23","metadata":false},{"id":66063,"structure_id":13640,"section_number":"40.1-26","catch_line":"Repealed","url":"\/40.1-26\/","token":"40.1\/3\/1\/40.1-26","metadata":false},{"id":56917,"structure_id":13640,"section_number":"40.1-27","catch_line":"Preventing employment by others of former employee","url":"\/40.1-27\/","token":"40.1\/3\/1\/40.1-27","metadata":false},{"id":54740,"structure_id":13640,"section_number":"40.1-27.1","catch_line":"Discharge of employee for absence due to work-related injury prohibited","url":"\/40.1-27.1\/","token":"40.1\/3\/1\/40.1-27.1","metadata":false},{"id":74658,"structure_id":13640,"section_number":"40.1-27.2","catch_line":"Preference for veterans and spouses","url":"\/40.1-27.2\/","token":"40.1\/3\/1\/40.1-27.2","metadata":false},{"id":82455,"structure_id":13640,"section_number":"40.1-27.3","catch_line":"Retaliatory action against employee prohibited","url":"\/40.1-27.3\/","token":"40.1\/3\/1\/40.1-27.3","metadata":false},{"id":78662,"structure_id":13640,"section_number":"40.1-27.4","catch_line":"Discipline for employee's medicinal use of cannabis oil prohibited","url":"\/40.1-27.4\/","token":"40.1\/3\/1\/40.1-27.4","metadata":false},{"id":70077,"structure_id":13640,"section_number":"40.1-28","catch_line":"Unlawful to require payment for medical examination as condition of employment","url":"\/40.1-28\/","token":"40.1\/3\/1\/40.1-28","metadata":false},{"id":68891,"structure_id":13640,"section_number":"40.1-28.01","catch_line":"Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment","url":"\/40.1-28.01\/","token":"40.1\/3\/1\/40.1-28.01","metadata":false},{"id":60284,"structure_id":13640,"section_number":"40.1-28.1","catch_line":"Repealed","url":"\/40.1-28.1\/","token":"40.1\/3\/1\/40.1-28.1","metadata":false},{"id":63131,"structure_id":13640,"section_number":"40.1-28.5","catch_line":"Repealed","url":"\/40.1-28.5\/","token":"40.1\/3\/1\/40.1-28.5","metadata":false},{"id":79328,"structure_id":13640,"section_number":"40.1-28.6","catch_line":"Equal pay irrespective of sex","url":"\/40.1-28.6\/","token":"40.1\/3\/1\/40.1-28.6","metadata":false},{"id":68884,"structure_id":13640,"section_number":"40.1-28.7","catch_line":"Repealed","url":"\/40.1-28.7\/","token":"40.1\/3\/1\/40.1-28.7","metadata":false},{"id":64716,"structure_id":13640,"section_number":"40.1-28.7:1","catch_line":"Genetic testing or genetic characteristics as a condition of employment","url":"\/40.1-28.7_1\/","token":"40.1\/3\/1\/40.1-28.7_1","metadata":false},{"id":74612,"structure_id":13640,"section_number":"40.1-28.7:10","catch_line":"Prohibited use of employee's social security number; civil penalty","url":"\/40.1-28.7_10\/","token":"40.1\/3\/1\/40.1-28.7_10","metadata":false},{"id":63600,"structure_id":13640,"section_number":"40.1-28.7:11","catch_line":"Veterans benefits and services poster","url":"\/40.1-28.7_11\/","token":"40.1\/3\/1\/40.1-28.7_11","metadata":false},{"id":81572,"structure_id":13640,"section_number":"40.1-28.7:2","catch_line":"Employers to allow crime victims leave to attend criminal proceedings","url":"\/40.1-28.7_2\/","token":"40.1\/3\/1\/40.1-28.7_2","metadata":false},{"id":55131,"structure_id":13640,"section_number":"40.1-28.7:3","catch_line":"Earned income tax credit; employer notice to employee","url":"\/40.1-28.7_3\/","token":"40.1\/3\/1\/40.1-28.7_3","metadata":false},{"id":54612,"structure_id":13640,"section_number":"40.1-28.7:4","catch_line":"Release of employee's personal identifying information","url":"\/40.1-28.7_4\/","token":"40.1\/3\/1\/40.1-28.7_4","metadata":false},{"id":79093,"structure_id":13640,"section_number":"40.1-28.7:5","catch_line":"Social media accounts of current and prospective employees","url":"\/40.1-28.7_5\/","token":"40.1\/3\/1\/40.1-28.7_5","metadata":false},{"id":80547,"structure_id":13640,"section_number":"40.1-28.7:6","catch_line":"Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy","url":"\/40.1-28.7_6\/","token":"40.1\/3\/1\/40.1-28.7_6","metadata":false},{"id":81771,"structure_id":13640,"section_number":"40.1-28.7:7","catch_line":"Misclassification of workers","url":"\/40.1-28.7_7\/","token":"40.1\/3\/1\/40.1-28.7_7","metadata":false},{"id":64853,"structure_id":13640,"section_number":"40.1-28.7:8","catch_line":"Covenants not to compete prohibited; exceptions; civil penalty","url":"\/40.1-28.7_8\/","token":"40.1\/3\/1\/40.1-28.7_8","metadata":false},{"id":58507,"structure_id":13640,"section_number":"40.1-28.7:9","catch_line":"Limiting employees' sharing wage information with other persons prohibited; civil penalty","url":"\/40.1-28.7_9\/","token":"40.1\/3\/1\/40.1-28.7_9","metadata":false}],"previous_section":{"id":78662,"structure_id":13640,"section_number":"40.1-27.4","catch_line":"Discipline for employee's medicinal use of cannabis oil prohibited","url":"\/40.1-27.4\/","token":"40.1\/3\/1\/40.1-27.4","metadata":false},"next_section":{"id":68891,"structure_id":13640,"section_number":"40.1-28.01","catch_line":"Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment","url":"\/40.1-28.01\/","token":"40.1\/3\/1\/40.1-28.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-28\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 525; in 1962, chapter 66; in 1970, chapter 321; in 1973, chapter 425; in 1982, chapter 84; in 2015, chapter 285<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":219845,"object_type":"law","relational_id":70077,"identifier":"40.1-28","token":"40.1\/3\/1\/40.1-28","url":"\/40.1-28\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-28\/","token":"40.1\/3\/1\/40.1-28","dublin_core":{"Title":"Unlawful to require payment for medical examination as condition of employment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

It shall be unlawful for any employer<\/span> to require any employee<\/span> or applicant for employment to pay the cost of a medical examination or the cost of furnishing any medical records required by the employer<\/span> as a condition of employment.\n\t\tAny employer<\/span> who violates the provisions of this section shall be subject to a civil penalty<\/span> not to exceed $100 for each violation. The Commissioner<\/span> shall notify any employer<\/span> who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the employer<\/span> may request an informal conference regarding such violation with the Commissioner<\/span>. If the employer<\/span> fails to contest the violation by requesting such an informal conference within 21 days following its receipt of the notice of the alleged violation, the violation and proposed penalty<\/span> will become a final order<\/span> of the Commissioner<\/span> and not subject to review by any court<\/span> or agency except upon a showing of good cause. Such informal conference shall result in a decision by the Commissioner<\/span> that will be appealable to the appropriate circuit<\/span> court<\/span>. The Department<\/span> shall send a copy of the Commissioner<\/span>’s decision to the employer<\/span> by certified mail or overnight delivery service. The employer<\/span> may file a notice of an appeal<\/span> only within 30 days from the receipt of the decision. The appeal<\/span> shall be on the agency record. With respect to matters of law<\/span>, the burden shall be on the party<\/span> seeking review to designate and demonstrate an error of law<\/span> subject to review by the court<\/span>. With respect to issues<\/span> of fact<\/span>, the duty of the court<\/span> shall be limited to ascertaining whether there was substantial evidence<\/span> in the record to reasonably support the Commissioner<\/span>’s findings<\/span> of fact<\/span>.\n\t\tCivil penalties owed under this section shall be paid to the Commissioner<\/span> for deposit into the general fund of the Treasury of the Commonwealth. The Commissioner<\/span> shall prescribe procedures for the payment of proposed penalties which are not contested by employers<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNLAWFUL TO REQUIRE PAYMENT FOR MEDICAL EXAMINATION AS CONDITION OF EMPLOYMENT\n(\u00a7 40.1-28)\n\nIt shall be unlawful for any employer to require any employee or applicant for\nemployment to pay the cost of a medical examination or the cost of furnishing\nany medical records required by the employer as a condition of employment.\n\t\tAny employer who violates the provisions of this section shall be subject to a\ncivil penalty not to exceed $100 for each violation. The Commissioner shall\nnotify any employer who he alleges has violated any provision of this section by\ncertified mail or overnight delivery service. Such notice shall contain a\ndescription of the alleged violation. Within 21 days of receipt of notice of the\nalleged violation, the employer may request an informal conference regarding\nsuch violation with the Commissioner. If the employer fails to contest the\nviolation by requesting such an informal conference within 21 days following its\nreceipt of the notice of the alleged violation, the violation and proposed\npenalty will become a final order of the Commissioner and not subject to review\nby any court or agency except upon a showing of good cause. Such informal\nconference shall result in a decision by the Commissioner that will be\nappealable to the appropriate circuit court. The Department shall send a copy of\nthe Commissioner’s decision to the employer by certified mail or overnight\ndelivery service. The employer may file a notice of an appeal only within 30\ndays from the receipt of the decision. The appeal shall be on the agency record.\nWith respect to matters of law, the burden shall be on the party seeking review\nto designate and demonstrate an error of law subject to review by the court.\nWith respect to issues of fact, the duty of the court shall be limited to\nascertaining whether there was substantial evidence in the record to reasonably\nsupport the Commissioner’s findings of fact.\n\t\tCivil penalties owed under this section shall be paid to the Commissioner for\ndeposit into the general fund of the Treasury of the Commonwealth. The\nCommissioner shall prescribe procedures for the payment of proposed penalties\nwhich are not contested by employers.\n\nHISTORY: Code 1950, \u00a7 40-22.1; 1952, c. 525; 1962, c. 66; 1970, c. 321; 1973,\nc. 425; 1982, c. 84; 2015, c. 285.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}