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On April 22, 2026, Virginia enacted House Bill (HB) 636 and Senate Bill (SB) 215, companion bills that expand pay transparency requirements and limit how employers may seek and use applicants’ compensation information.
Under the new law, employers are prohibited from seeking the wage or salary history of a prospective employee or relying on that history when considering the individual for employment. Employers also may not rely on wage or salary history when setting compensation upon hire, subject to a limited exception when an applicant voluntarily discloses that information without the employer’s prompting.
The law further prohibits employers from refusing to interview, hire, employ, or promote an individual, or otherwise retaliating against a prospective or current employee, because the individual did not provide wage or salary history or requested a wage or salary range.
HB 636 and SB 215 also require employers to disclose the wage, salary, or wage or salary range in each public and internal posting for a job, promotion, transfer, or other employment opportunity. Employers must establish these wage or salary ranges in good faith. In assessing good faith, the breadth of the range may be considered, among other factors.
Violations of the new law carry civil penalties of up to $1,000 for the first violation and up to $5,000 for subsequent violations. In addition, a prospective employee or an employee may bring an action within one year of an alleged violation of this law, and they may recover actual damages and other legal and equitable relief the court deems appropriate. Virginia is now one of only two states, alongside Washington, to provide an express private right of action for violations of job-posting requirements. Before an aggrieved individual may bring a civil action for certain violations based on an employer’s failure to disclose pay in a posting or to set a wage or salary range in good faith, the law gives employers an opportunity to correct the posting on original posting locations within 15 business days after receiving written notice.
The new law goes into effect on July 1, 2026. Employers with Virginia operations should review hiring practices, job posting templates, and compensation-setting procedures to prepare to comply with the new law.
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