After Past Vetoes, Democratic-Controlled Legislature Sends Virginia Equal Pay Act to Governor

For years, Sen. Jennifer Boysko has returned to the same piece of legislation, Virginia’s proposed Equal Pay Act, pushing it session after session through a divided state government, only to see it stall or fall to a veto.

Sen. Jennifer Boysko, D-Fairfax, a longtime advocate for pay equity, is sponsoring legislation aimed at closing the wage gap by requiring salary transparency and limiting the use of salary history. (Photo by Shannon Heckt/Virginia Mercury)

“This bill is the one that I’ve worked on longer than any other, because it was really my mom who was my inspiration for running,” the Fairfax Democrat said in an interview earlier this week, recalling how her mother faced wage disparity and wage theft while raising a family alone.

“Understanding that in this time of our history, we are still seeing that women and minorities are consistently paid less than their male counterparts has been very frustrating.”

Now, on Equal Pay Day — the annual marker of how far into the year women must work to earn what men did the previous year — Boysko’s proposal is closer than ever to becoming law.

With Democrats in full control of state government, legislation aimed at closing the gender pay gap is headed to Gov. Abigail Spanberger’s desk, drawing praise from supporters who say it could help level the playing field for working families.

Boysko said the bill is rooted in personal experience and years of advocacy.

“Hopefully this will help make the lives of women and families better, that’s been my priority as someone who watched my mom really struggle as her marriage broke up,” she said.

Bill targets salary history, boosts pay transparency

Boysko’s measure, Senate Bill 215, targets long-standing practices that advocates say perpetuate pay inequities.

It would bar employers from asking job applicants about their wage or salary history and prohibit them from using that information in hiring or pay decisions. Employers would also be required to include salary ranges in job postings and set those ranges in good faith.

The bill further prohibits retaliation against applicants who decline to provide salary history or who request pay information.

While applicants could still voluntarily disclose prior pay after receiving an offer, employers would face limits on how that information can be used.

Workers would be allowed to bring civil actions against employers, with statutory damages ranging from $1,000 to $10,000 or actual damages, whichever is greater, along with attorney fees and other relief.

The proposal cleared the Senate along a party-line vote, reflecting a broader Democratic push for pay transparency and workplace equity. A companion measure, House Bill 636, was sponsored by Del. Michelle Maldonado, D-Manassas. It passed the chamber on a 63-34 vote.

“It does fall very nicely into our affordability plans about how we’re trying to make things affordable for everyday folks,” Maldonado told WHRO earlier this year. “And certainly, having good salaries, good compensation and benefits packages falls right into that for people to be able to care for themselves and for their families.”

A widening gap and political divide

Supporters say the legislation addresses structural issues that contribute to the gender pay gap, which persists nationwide despite decades of policy efforts.

A recent analysis by the Economic Policy Institute found that the gap widened slightly in 2025, with women on average earning about 83 cents for every dollar earned by men, down from roughly 84 cents the year before.

The report also found that Black and Hispanic women continue to face even wider disparities, earning significantly less than white, non-Hispanic men.

Researchers tied the widening gap in part to federal policy shifts and broader economic trends, while noting that state-level actions, such as pay transparency laws, can help narrow disparities.

Boysko said one of the key drivers of pay inequity is the reliance on salary history, which can lock workers into lower wages over time.

“I did a lot of due diligence to understand what the remedies might be as far as making a leveled playing field, and that was the understanding of what a job should pay as opposed to basing your wage on your past history,” she said.

But when then-Gov. Glenn Youngkin rejected a similar measure in 2024; he argued that it imposed a “one-size-fits-all approach” on businesses.

In his veto message, he said the bill “represents government overreach” and could “potentially expos[e] small businesses to lawsuits.” He also warned that its “potential adverse effects on small businesses, prospective employees, and the economy are too high,” saying it “disregards the diverse nature of Virginia businesses.”

Boysko said the partisan divide over the issue reflects broader philosophical differences between the parties.

“They just don’t like any sort of what they call a mandate,” she said of Republican opposition.

Democrats tie wage equity to affordability push

With Democrats now holding a governing trifecta, the path forward has changed — especially after lawmakers have made affordability a central theme of the 2026 legislative session, tying wage equity to broader economic concerns.

Boysko said the measure is not a cure-all but part of a larger effort to address wage disparities.

“It’s one tool,” she said. “What we have seen is that if a person understands what the salary should be in advance as opposed to basing their salary on their salary history, that’s one way. Secondly, allowing colleagues to talk about their salary amongst themselves is another. And then having access to understand when a new job opening is coming up is a third way of ending the wage disparity.”

The bill’s passage comes as Equal Pay Day is being marked on Thursday, a reminder of the wage gap that still persists.

Boysko said she hopes that distinction will eventually become unnecessary.

“I’m very proud that we were able to pass this and looking forward to celebrating the end of the need for Equal Pay Day,” she said. “At some point, we will end that need to mark that day, because they will be the same.”

by Markus Schmidt, Virginia Mercury

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