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Bill

HB 636

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

2026 Regular Session Introduced by Bonita Anthony and 17 co-sponsors

Virginia prohibits employers from requesting or using job applicants' wage history in hiring decisions to reduce pay discrimination and equity gaps.

Governor's recommendation received by House
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Bill Summary · HB 636

Legislative bill overview

HB 636 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, regardless of job role or market conditions.

Why is this important

Wage history bans address documented pay equity gaps, particularly affecting women and minorities who may have accepted lower initial salaries due to discrimination or limited opportunities. By preventing employers from anchoring offers to previous wages, the policy theoretically allows compensation decisions to be based on job requirements and market rates rather than perpetuating historical inequities.

Potential points of contention

  • Business compliance costs: Employers must revise hiring practices and train recruiters; smaller businesses may face disproportionate administrative burdens
  • Competitive talent recruitment: Some argue prohibiting wage history discussions disadvantages Virginia employers competing for talent with states lacking such restrictions
  • Applicant disclosure: Unclear how the ban functions if job candidates voluntarily offer their salary history or if exceptions exist for specific circumstances (background checks, public salary records)
  • Enforcement mechanism: The bill's fiscal impact statement suggests implementation costs and enforcement challenges that may affect effectiveness
  • Interstate complications: Workers relocating from other states may face complications around information disclosure standards

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

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