SB 447 Virginia Senate · 2022 Regular Session

Wage or salary history inquiries; prohibited, civil penalty.

Summary
Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to provide a prospective employee the wage or salary range for the position for which the prospective employee is applying prior to discussing compensation and at any time upon the prospective employee's request. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation. The bill has a delayed effective date of July 1, 2023.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2022
Committee Review
Feb 2022
Senate Passage
Feb 2022
House of Delegates Passage
Governor
Introduced Jan 11, 2022 Last action Mar 8, 2022
Floor votes · Senate Feb 11, 2022

How they voted

20–19
Passed · 1 other
Total votes 40
Feb 11, 2022
D Democratic21
20 Yea 1
95% Yea
R Republican19
19 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
20
Key actions
1
Committee
8
Amendments
2
Feb 24, 2022
House of Delegates · Reported by committee
Subcommittee recommends laying on the table (6-Y 4-N)
Feb 23, 2022
House of Delegates · Referred to committee
Assigned sub: Subcommittee #2
Feb 22, 2022
House of Delegates · Referred to committee
Referred to Committee on Commerce and Energy
Feb 11, 2022
Senate · Passed
Read third time and passed Senate (20-Y 19-N)
Feb 9, 2022
Senate · Amendment offered
Engrossed by Senate as amended SB447E
Feb 9, 2022
Senate · Reported by committee
Committee amendments agreed to
Feb 9, 2022
Senate · Amendment offered
Reading of amendments waived
Feb 7, 2022
Senate · Reported by committee
Reported from Commerce and Labor with amendments (12-Y 3-N)
Jan 31, 2022
Senate · Reported by committee
Senate subcommittee amendments and substitutes offered
Jan 28, 2022
Senate · Referred to committee
Assigned C&L sub: Labor and Employment
Jan 11, 2022
Senate · Referred to committee
Referred to Committee on Commerce and Labor
Jan 11, 2022
Senate · Introduced
Prefiled and ordered printed; offered 01/12/22 22104096D
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jennifer Boysko
Jennifer Boysko
DDemocratic
VA
38