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Virginia Enacts Pay-Range Posting Law and Salary-History Ban

Employers face civil penalties plus a one-year window for private lawsuits under a dual-enforcement system.

Overview

  • Gov. Abigail Spanberger signed SB215 and HB636 into law, and the statute takes effect on July 1, 2026.
  • Employers must include a good-faith minimum and maximum pay range in every public and internal posting for jobs, promotions, and transfers.
  • The law bars employers from asking about or using a candidate’s prior pay, with a narrow exception if the applicant volunteers it to support a higher offer that still follows equal pay rules.
  • Enforcement includes attorney general actions with civil penalties up to $1,000 for a first offense and $5,000 for later ones, plus a private right of action for actual damages filed within one year.
  • Virginia joins a growing list of jurisdictions with similar pay-transparency rules, becoming the first Southern state to adopt such a mandate.