SB 215 Virginia Senate · 2026 Regular Session

Prospective employer; prohibited from seeking wage or salary history of prospective employees.

Summary
Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. 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 considering the prospective employee for employment; (iii) 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; (iv) refusing to interview, hire, employ, or promote or otherwise retaliating against a prospective or current employee for not providing wage or salary history or requesting a wage or salary range; (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range; and (vi) failing to set a wage or salary range in good faith. 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. This bill is identical to HB 636.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Vetoed
Apr 2026
Introduced Jan 9, 2026 Vetoed Apr 13, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

Governor Substitute Engrossed · 6 edits · Mar 2, 2026
MODERATE
The bill was moved from a Governor's substitute version to an Engrossed version, incorporating Senate amendments that significantly altered the enforcement and liability sections. The most critical change is the removal of the Attorney General's authority to enforce the law and the elimination of specific civil penalties paid to the state. Instead, the bill now empowers individual employees to sue for statutory damages between $1,000 and $10,000, actual damages, and attorney fees. Additionally, the statute of limitations for filing a lawsuit was extended from one year to two years, and the definition of when a violation occurs was expanded to cover the adoption of prohibited practices, not just their application.
Scope change
The bill's scope regarding enforcement shifted from state-led prosecution by the Attorney General to private enforcement by aggrieved employees.
ENFORCEMENT

Removed the provision allowing the Attorney General to bring civil actions to enforce the section.

Added a right for individual employees to sue for statutory damages ranging from $1,000 to $10,000, actual damages, and reasonable attorney fees.

FISCAL

Removed the specific civil penalty amounts ($1,000 for first violation, $5,000 for subsequent) and the requirement that penalties be paid into the general fund.

TIMELINE

Extended the time limit for filing a lawsuit from one year to two years after the prohibited action occurred.

DEFINITION

Changed the reference from 'violate the provisions of § 40.1-28.6' to 'create an unlawful pay differential in violation of § 40.1-28.6'.

REQUIREMENT

Added a specific definition of when a 'prohibited action' occurs, including the adoption of a prohibited practice, not just its application to an individual.

Floor votes · Senate Feb 4, 2026 · House of Delegates Feb 24, 2026

How they voted

390
Passed
Total votes 39
Feb 4, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
13
Committee
5
Amendments
6
Apr 13, 2026
Vetoed
Governor's recommendation received by Senate
executive
Mar 2, 2026
Upper · Passed
Signed by President
upper
Mar 2, 2026
Lower · Passed
Signed by Speaker
lower
Mar 2, 2026
Upper · Passed
Bill text as passed Senate and House (SB215ER)
upper
Feb 26, 2026
Upper · Passed
House amendment agreed to by Senate (21-Y 19-N 0-A)
upper
Feb 24, 2026
Lower · Passed
Passed House with amendment (68-Y 29-N 0-A)
lower
Feb 24, 2026
Introduced
Engrossed by House as amended
lower
Feb 24, 2026
Lower · Passed
Delegate Maldonado Floor amendment agreed to
lower
Feb 24, 2026
Lower · Passed
Passed by temporarily
lower
Feb 24, 2026
Introduced
Floor offered Delegate Maldonado Amendment
lower
Feb 19, 2026
Lower · Passed
Reported from Labor and Commerce (14-Y 5-N)
lower
Feb 12, 2026
Committee
Referred to Committee on Labor and Commerce
lower
Feb 6, 2026
Upper · Passed
Read third time and passed Senate (21-Y 19-N 0-A)
upper
Feb 5, 2026
Introduced
Engrossed by Senate as amended (Voice Vote)
upper
Feb 5, 2026
Upper · Passed
Commerce and Labor Amendment agreed to
upper
Feb 4, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 2, 2026
Upper · Passed
Reported from Commerce and Labor with amendment (7-Y 6-N)
upper
Feb 2, 2026
Upper · Passed
Senate committee offered
upper
Jan 9, 2026
Committee
Referred to Committee on Commerce and Labor
upper
1 primary · 1 co-sponsor

Sponsors