Virginia Passes Ban on Wage and Salary History Inquiries

Virginia joined a growing number of states that have taken action to limit how employers may inquire into or use wage or salary history of prospective employees via passage of SB215.

SB215 goes into effect July 1, 2026 which will be here before you know it, so employers be sure to review and take action.

The law will prohibit employers from:

1. Seeking the wage or salary history of a prospective employee;

2. Relying on the wage or salary history of a prospective employee when considering that individual for employment;

3. Relying on the wage or salary history to determine the wages or salary the prospective employee would be paid;

4. Refuse to interview, hire, employ, promote or otherwise retaliate against a prospective or current employee for not providing wage or salary history or requesting a wage or salary range;

5. Failing or refusing to disclose in public and internal job postings the wage, salary or range for the position; or

6. Failing to set a wage or salary range in good faith.

Prospective employees may voluntarily disclose wage or salary history in which case the employer may rely on that information to support a wage or salary higher than the initial offer of compensation. Additionally, if such information is voluntarily disclosed, employers may seek to confirm the wage or salary history of the prospective employee to support a higher wage.

SB215 allows the state’s Attorney General to bring a civil action to enforce the law, in addition to providing the individual the right to sue the employer directly, so employers should review this legislation to determine what changes may be needed to their employment practices. This includes evaluating whether any employment verifications are conducted that seek to confirm the applicant’s prior wage or salary information as that practice is only permissible if the applicant voluntarily discloses such information.