Employment Law Update: Virginia’s Ban on Salary History Questions: What Hiring Managers Need to Know
Date: May 6, 2026
What’s Changing?
- Salary history inquiries are prohibited. Starting July 1, Virginia employers may not ask applicants what they earned at previous jobs. If a candidate voluntarily discloses that information without prompting, an employer may use it solely to confirm the disclosed history or to support offering a higher wage. It may not be used to justify a lower offer.
- Salary range disclosure is now required. Every public and internal job posting must include a “good faith” wage or salary range — defined as the lowest and highest pay the employer would reasonably consider for the role at the time of posting. General references to “competitive compensation” will no longer suffice.
- Anti-retaliation protections apply. Employers cannot fire, discipline, or otherwise penalize anyone — applicant or employee — for asking about a wage range or exercising their rights under this law.
Enforcement and Potential Liability
The enforcement provisions of SB 215 warrant careful attention. SB 215 creates a private right of action, which means individuals can file suit directly against employers. A violation could expose employers to statutory damages between $1,000 and $10,000 (or actual damages if higher) as well as attorney fees and court costs awarded to the prevailing party.For violations related specifically to job postings, an employer has 15 business days to cure the deficiency after receiving notice from the applicant before a lawsuit may be initiated. This cure window applies only to posting violations; it does not extend to salary history inquiries or retaliation claims.
Recommended Next Steps
Employers should take the following steps before July 1:- Audit applications and interview protocols. Review and remove any questions about prior pay or compensation history.
- Establish salary ranges for all positions. Develop defined, good-faith salary ranges based on internal data and market benchmarks and maintain documentation supporting those determinations.
- Conduct training for all hiring personnel. Ensure that recruiters, hiring managers, and HR staff are fully informed of the new legal requirements. Even an informal question about current pay during an interview could give rise to significant liability.
- Update employee handbooks and policies to reflect the new anti-retaliation protections.
SB 215 reflects a broader national trend toward pay transparency, and Virginia is now among the growing number of states enacting such requirements. Please contact Whiteford’s Labor and Employment team with any questions. We are prepared to help you ensure full compliance ahead of the July 1 deadline.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.