Virginia 2023 Regular Session

Virginia Senate Bill SB1136

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/30/23  
Engrossed
2/2/23  

Caption

Wage or salary history of prospective employees; prohibition on employer seeking history.

Impact

Should SB1136 be enacted, it would amend the Code of Virginia to establish new prohibitions on salary history inquiries which could significantly change how employers recruit and negotiate with potential employees. It would further allow aggrieved employees to file collective actions against employers for violations, thus empowering workers to seek legal recourse and set a precedent for salary equity in the state. The introduction of civil penalties for non-compliance would also serve as a deterrent against discriminatory hiring practices.

Summary

SB1136 aims to prohibit employers from inquiring about the wage or salary history of prospective employees. The bill is designed to promote greater equity in hiring practices by ensuring that salary offers are not based on previously earned wages, which could perpetuate wage disparities. Instead, employers are mandated to provide the wage or salary range for the position prior to discussing compensation with candidates. This reflects a growing trend to address wage discrimination and encourage transparency in compensation during the hiring process.

Sentiment

The sentiment surrounding SB1136 appears to be generally supportive among advocates of fair pay and equity in the workplace. Proponents argue that the bill addresses systemic inequalities that have disadvantaged workers, especially marginalized groups. However, there may also be concerns from some business groups about the potential burden this legislation may place on employers, particularly small businesses, in terms of compliance and the windfall of new legal claims. This duality reflects a larger debate within Virginia concerning employment law and wage equity.

Contention

Despite the favorable view from equity advocates, notable points of contention center on the implications for employers, especially in how they establish salary ranges and navigate negotiations. Critics may argue that the bill could complicate the hiring process or limit flexibility in salary discussions. Furthermore, the enforcement mechanisms and potential penalties for infractions have stirred discussions about the balance between protecting workers and imposing regulations on business practices.

Companion Bills

No companion bills found.

Previously Filed As

VA SB1132

Prospective employees; prohibiting employer seeking wage or salary history.

VA HB990

Employer seeking wage or salary history of prospective employees; prohibited.

VA SB370

Employer seeking wage or salary history of prospective employees; prohibited.

VA HB2023

Wage or salary history inquiries prohibited; civil penalty.

VA SB447

Wage or salary history inquiries; prohibited, civil penalty.

VA HB2343

Employers; employee salary history; prohibitions

VA HB2091

Employers; employee salary history; prohibitions

VA HB2128

Employers; employee salary history; prohibitions

VA HB398

Prohibit employers from seeking wage or salary history

VA SB934

Prohibits employers or prospective employers from inquiring into an employee or prospective employee's salary history

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