Bill restricting employer inquiries about wage history passes Virginia Legislature

A bill introduced by State Del. Michelle Lopes Maldonado has passed both chambers of the Virginia General Assembly, targeting employer use of job applicants’ wage or salary history to support more equitable hiring practices, according to the Virginia State House.

The legislation cleared both the House and Senate and was officially enrolled on March 14, 2026, with a 65-33 vote in the House and a 20-19 vote in the Senate.

Filed as HB636 on Jan. 14, 2026, during the regular session, the bill is described in the state legislature’s summary as: “Prospective employer; prohibited from seeking wage or salary history of prospective employees.”

Here is our review, based on the actual bill text, which includes clarifications to help interpret its main provisions.

Essentially, the bill forbids employers from requesting, relying upon, or requiring disclosure of a job applicant’s wage or salary history. It also prohibits retaliation if applicants or employees decline to share this information or request a wage or salary range. Employers are required to determine and disclose wage or salary ranges in good faith and must include this information in all public and internal job postings. If applicants voluntarily offer pay history, employers may only use it to increase an offer, provided it does not create illegal pay disparities. The bill also establishes a private legal right of action, enabling affected applicants or employees to bring suit within two years and seek $1,000 to $10,000 in statutory or actual damages, plus attorney fees, costs and other remedies.

Voting in the House saw 62 Democrats and three Republicans support the bill, with one Democrat and 32 Republicans opposed.

In the Senate, 20 Democrats supported passage of the bill, while 19 Republicans voted against it.

The legislation was sponsored by Del. Michelle Lopes Maldonado (Democrat-20th District), Del. Elizabeth B. Bennett-Parker (Democrat-5th District), and Del. Irene Shin (Democrat-8th District), alongside 18 additional sponsors.

Maldonado earned a BA from Barnard College in 1991 and a JD from The George Washington University Law School in 1996.

Maldonado, a Democrat, was elected to represent Virginia’s 20th House district in 2024, succeeding former state representative John Avoli.

In Virginia, the legislative process starts when a bill is introduced to either the House of Delegates or the Senate, then assigned to relevant committee(s) for consideration and possible revision. If advanced by committee, it moves to floor debate and a chamber vote. Passage in both chambers sends the bill to the governor to sign, veto, or allow it to become law without signing. The General Assembly meets annually in regular session beginning the second Monday in January. Hundreds of bills are submitted each session, though only some become law.

Information in this article was obtained from the Virginia State House. The source data can be found here.