Virginia’s House Bill 1730 Expands Employer Liability for Harm to Vulnerable Victims

Cary, NC – July 9, 2025 — Under House Bill 1730 (Chapter 726), effective July 1, 2025, Virginia is strengthening protections for “vulnerable victims” by expanding the circumstances under which employers can be held vicariously liable for wrongful acts committed by their employees.


🛡️ What HB 1730 Does

  • Adds § 8.01‑42.6 to the Virginia Code, empowering courts to hold employers legally responsible when:

    1. An employee’s harmful or fatal wrongdoing occurs while reasonably likely to be in contact with a vulnerable victim, and
    2. The employer failed to exercise reasonable care in preventing or controlling the employee, despite knowing—or being in a position to know—the risk.

  • Defines “vulnerable victim” broadly to include:

    • Patients in healthcare settings,
    • Individuals with disabilities,
    • Assisted‑living residents,
    • Passengers of common carriers or medical transport,
    • Business invitees of esthetics or massage establishments,
    • And vulnerable adults,

  • Applies to causes of action accruing on or after July 1, 2025 


📌 How This Affects Background Checks & Hiring Practices

Employers must now:

  • Enhance Pre-Employment Vetting — Conduct rigorous criminal and professional reference checks, especially for roles interacting with vulnerable populations.
  • Maintain Ongoing Oversight — Regularly assess employee conduct and actively intervene when red flags arise.
  • Update Policies — Implement clear protocols for reporting, responding to, and preventing misconduct in sensitive environments.


🌐 How CRC Supports HB 1730 Compliance

For Employers & Vulnerable-Sector Organizations

  • Advanced Screening Tools — Include criminal history verification, professional licensure checks, and red-flag alerts prior to and during employment.
  • Continuous Monitoring Service — Ongoing surveillance of criminal and professional databases to detect emerging risks.
  • Custom Compliance Reporting — Generate tailored audit-ready reports aligned with HB 1730’s “reasonable care” standard.

✅ Next Steps

Employers in high-risk sectors (healthcare, eldercare, transportation, personal services):

  1. Audit existing background-check and oversight procedures to identify gaps.
  2. Deploy enhanced screening and continuous monitoring via CRC.
  3. Educate leadership and staff on legal obligations and best practices.


Contact:
CRC
Phone: (877) 272-0266
Email: sales@mycrc.com

About CRC:

A nationwide leader in criminal and professional screening, our mission is to empower businesses with tools that promote safe, compliant hiring—especially in roles serving vulnerable communities.


I-9 Compliance & E-Verify: Staying Compliant

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Colorado is automatically sealing more than 100,000 criminal records

Colorado’s Clean Slate Act will automatically seal over 100,000 nonviolent criminal records, aiming to help individuals with past misdemeanors and certain felonies find jobs and housing without the burden of their past.

Supporters see this as a fair step for rehabilitation, while critics raise concerns about employers being unable to access relevant information, especially in sensitive industries like healthcare and education. The balance between second chances and maintaining transparency remains a key point of debate as more states consider similar legislation.

Who is eligible? How does it work?

Read more: [Colorado Sun]

https://coloradosun.com/2024/08/20/criminal-records-sealed/

Update: Michigan Supreme Court Pushed Back the Effective Date of the Rule Redacting DOBs on Public Records to January 1, 2022

The State of Michigan has issued a proposed rule that may have unintended negative consequences for potential job candidates and employers. On 01/01/2022, redaction requirements in ADM File No. 2020-26 will go into effect, resulting in Date of Births (DOBs) no longer being listed on public records. Many background screening firms rely on identifying information including (but not limited to) the DOB to provide timely and accurate background checks to end user clients. This helps to ensure that job candidates can be thoroughly vetted while not causing an unnecessary delay to the hiring process.

Employers, especially those located in or doing business in Michigan, should be aware of the impact that this new rule could potentially have on their business. Without access to basic identifying information like DOBs on court records, background screeners may be unable to verify if a criminal record truly belongs to a candidate. This puts employers at risk of hiring an individual who will create an unsafe working environment. Furthermore, because regulations require many employers to verify criminal history for some positions, some of these same employers may be legally barred from hiring Michigan residents for those openings.

It should be noted that, while records at the court level are being redacted, other state agency resources are unaffected by this rule change. While that may be the case, public records at the court level are generally the best source of information due to their level of completeness and accessibility.

If you’re an employer in Michigan or you start experiencing delays with your background checks out of Michigan after January 1, 2022, contact us at sales@mycrc.com to discuss alternative options for getting these reports back.

New York City Bans Pre-Employment Marijuana Testing

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A New Version of the Form I-9 is Available!

On Jan. 31, USCIS published a Form I-9 Federal Register notice announcing a new edition of Form I-9, Employment Eligibility Verification. If you are an employer, you may use the 07/17/2017 edition through April 30. Starting May 1, you can only use the new form with the 10/21/2019 edition date. The edition date is located […]

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Nevada Passes Law Banning Pre-Employment Marijuana Testing

Effective January 1, 2020, employers will be barred from conducting pre-employment drug testing for marijuana in the state of Nevada. Nevada is the first state to enact a law that will restrict employers from utilizing a positive marijuana drug test for employment screening purposes. The law states that it “is unlawful for any employer in […]

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