This article was co-authored by Summer Associate Michael A. Lindamood
On April 22, 2026, Virginia enacted Senate Bill 215, a new law imposing restrictions on employer use of applicant compensation history and requiring wage or salary ranges in job postings. The law takes effect July 1, 2026, creating new compliance obligations for employers and establishing both government enforcement mechanisms and a private right of action.
Restrictions on Compensation History Inquiries
Beginning July 1, 2026, employers operating in Virginia may not seek the wage or salary history of a prospective employee, rely on a prospective employee’s wage or salary history in considering the individual for employment, or rely on wage or salary history in determining compensation upon hire. The law defines “wage or salary history” as compensation paid by a prospective employee’s current or former employer. Employers can no longer refuse to interview, hire, employ, or promote an individual, or otherwise retaliate against a prospective or current employee, because the individual declined to provide compensation history.
The statute allows employers to consider compensation history only when a prospective employee voluntarily discloses the information without prompting and, even then, employers may rely on the information solely to support compensation above the employer’s initial offer and only to the extent otherwise permitted by Virginia and federal law. The law also permits employers to verify voluntarily disclosed compensation history for that limited purpose.
The law separately clarifies that prospective employees remain free to voluntarily disclose compensation history during compensation negotiations after an initial offer of employment.
Pay Transparency Requirements
The new law also requires 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.
The statute defines a “wage or salary range” as the minimum and maximum compensation for the position, set in good faith by reference to factors such as applicable pay scales, previously established compensation ranges, compensation for equivalent positions, or the budgeted amount available for the position.
The law further requires employers to set compensation ranges in good faith and expressly provides that the breadth of a posted range may be considered in evaluating compliance. Although the statute does not impose a numerical limitation on range breadth, employers should ensure that posted ranges reflect realistic compensation expectations for the position and are supported by documented compensation practices or budgeted compensation levels.
Enforcement
The Virginia Attorney General may bring civil actions to enforce this law. Employers may face civil penalties of up to $1,000 for a first violation and up to $5,000 for subsequent violations. Courts may also award other legal and equitable relief.
The law further creates a private right of action for aggrieved prospective employees. Available remedies include actual damages and any other legal and equitable relief as the court deems appropriate. This provision puts Virginia in line with other states with similar laws, including New Jersey, California, Colorado, Hawaii, Illinois, Maryland, New York City, Minnesota, Vermont, and Washington DC.
For alleged violations involving job posting disclosures, the law includes a 15-business-day cure period. If the employer corrects the posting in the original posting locations within 15 business days after receiving the notice, no action may be brought for that particular violation.
Employer Compliance Considerations
Before the law takes effect, employers should review employment applications and interview materials to remove compensation-history inquiries and should ensure that internal and external job postings include wage or salary ranges as required by the statute. Employers should review existing compensation practices and pay ranges to confirm that posted ranges are supported by actual compensation structures or budgeted compensation levels and reflect good-faith compensation expectations for the position.
Our Labor & Employment attorneys regularly advise employers on compliance strategies, including reviewing compensation disclosures, updating recruiting procedures, and mitigating potential risk. If you have questions about how these requirements apply to your organization, or would like assistance auditing your policies and postings, please contact our team.
