Virginia employers are now subject to significant changes to their hiring and recruiting practices. Effective July 1, 2026, Virginia’s Salary History Ban and Pay Transparency Law (HB 636) prohibits employers from relying on applicant compensation history and requires salary ranges to be included in covered job postings.

The law is intended to promote pay equity and improve transparency in the hiring process. Employers that fail to comply may face enforcement actions from both the Virginia Attorney General and prospective employees.

What Does the New Law Require?

As of July 1, 2026, Virginia employers may not:

  • Ask applicants about their salary history;
  • Use an applicant’s salary history when making hiring or compensation decisions; or
  • Retaliate against an applicant who declines to disclose salary history information.

The law also creates new pay transparency obligations. Employers must disclose the wage or salary range for a position in all:

  • Public job postings;
  • Internal job postings;
  • Promotion opportunities;
  • Transfer opportunities; and
  • Other employment opportunities.

Notably, the statute does not explicitly require employers to include benefits information in job postings.

Enforcement and Potential Liability

Virginia’s new law provides multiple avenues for enforcement. The Virginia Attorney General may bring enforcement actions against noncompliant employers and seek civil penalties of:

  • Up to $1,000 for a first violation; and
  • Up to $5,000 for subsequent violations.

In addition, prospective employees who believe the law has been violated may bring private lawsuits against the employers. However, before filing suit, an individual must provide written notice of the alleged violation. Employers then have 15 business days to correct the issue. If the employer timely cures the violation, the individual may not proceed with their lawsuit.

Now that the law is in effect, Virginia employers should ensure their hiring and recruiting practices comply with the new requirements by:

  • Review employment applications, interview guides, and recruiting procedures to ensure salary history questions are removed.
  • Train recruiters, hiring managers, and human resources personnel on the new restrictions.
  • Audit job posting templates and recruiting platforms to ensure salary ranges are included in all covered opportunities.
  • Establish a process for determining and documenting salary ranges before positions are posted.
  • Develop procedures for responding promptly to any notices alleging violations.

Key Takeaway

Virginia’s new law reflects the growing trend of states adopting salary history bans and pay transparency requirements. With the law now in effect, compliance is an immediate priority for Virginia employers. Employers should review their hiring practices, recruiting procedures, and job posting templates to ensure they comply with the new requirements. Taking prompt action can help minimize litigation risk and position employers to respond effectively to any enforcement activity or applicant complaints.

Our Editorial Team