Virginia legislation · 2026 Regular Session
Virginia SB215: An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:12, relating to prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action; civil penalty.
Status: Chaptered, April 22, 2026
Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iv) refusing to interview, hire, employ, or promote or otherwise retaliating against a prospective or current employee for not providing wage or salary history or requesting a wage or salary range; (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range; and (vi) failing to set a wage or salary range in good faith. The bill authorizes the Attorney General to bring a cause of action to enforce its provisions and provides that an employer that violates such provisions is subject to a civil penalty of up to $1,000 for the first violation and up to $5,000 for any subsequent violation. The bill permits an aggrieved prospective employee or employee to bring an action to recover actual damages and any other legal and equitable relief as may be appropriate within one year of when his rights were violated. This bill is identical to HB 636.
What the bill says
An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:12, relating to prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action; civil penalty. [S 215] Approved April 22, 2026 1. That the Code of Virginia is amended by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:12 as wage or salary range transparency; cause of action; civil penalty. A. As used in this section: "Wage or salary history" means the wage or salary paid to the prospecti.
From the enrolled text, April 22, 2026:
An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:12, relating to prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action; civil penalty. [S 215] Approved April 22, 2026 1. That the Code of Virginia is amended by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:12 as wage or salary range transparency; cause of action; civil penalty. A. As used in this section: "Wage or salary history" means the wage or salary paid to the prospective employee by the prospective employee's current or previous employer. "Wage or salary range" means the minimum and maximum wage or salary for the position, set in good faith by reference to any applicable pay scale, any previously determined wage or salary range for the position, the actual range of wages or salaries for persons currently holding equivalent positions, or the budgeted amount available for the position, as applicable. B. No employer 2. Rely on the wage or salary history of a prospective employee in considering the prospective employee for employment; 3. Except as provided in subsection D, rely on the wage or salary history of a prospective employee in determining the wages or salary the prospective …