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HB 1164

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

2026 Regular Session Introduced by Nicole Cole

Virginia bill prohibits employers from requesting or considering job applicants' wage history to reduce pay discrimination and support equitable salary negotiations.

Subcommittee recommends incorporating into HB636-Maldonado (Voice Vote)
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Bill Summary · HB 1164

Legislative bill overview

HB 1164 prohibits prospective employers in Virginia from requesting or considering an applicant's wage or salary history during the hiring process. The bill aims to prevent salary discrimination by breaking the cycle where past compensation influences future pay offers.

Why is this important

Wage history bans address documented pay inequities, particularly affecting women and workers from underrepresented groups who may have accepted lower compensation due to past discrimination. By preventing employers from anchoring new offers to previous salaries, the policy creates opportunities for fairer compensation negotiations based on job requirements and market rates rather than historical underpayment.

Potential points of contention

  • Business compliance burden: Employers must retrain hiring staff and audit recruitment processes to ensure wage history isn't solicited, potentially creating administrative costs
  • Market competitiveness concerns: Some employers argue access to salary history helps them offer competitive packages and understand candidate expectations
  • Effectiveness debate: Critics question whether bans address root causes of pay discrimination or simply obscure existing wage gap problems without solving underlying inequities
  • Interstate coordination: Virginia employers may face confusion if neighboring states have different rules, particularly for remote hiring

Compiled from official sources — confirm details with the bill’s official record.

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