Washington amended its pay equity legislation, the Equal Pay and Opportunities Act (EPOA) in 2019 with additional restrictions and mandates. Effective July 28, 2019, the amendment bars all Washington employers from asking for an applicant’s wage or salary history, until an offer of employment has been made.

If an applicant volunteers wage or salary history, the employer may confirm this information after the employer has made a job offer that includes the amount of compensation.

Employers with 15 or more employees
The new rules also require employers with 15 or more employees to provide a wage scale or salary range to a current employee offered an internal transfer or promotion, if the employee has requested the information. If this wage scale or salary range does not exist, the employer must provide the minimum wage or salary expectation that was set by the employer prior to posting the position.

New complaint mechanism created
Employees alleging a violation of these provisions may either file a complaint with Washington Department of Labor and Industries or bring a civil action. A civil claim has significant risks for employers.  If an employee prevails on their claim of an EPOA violation, they are entitled to both actual damages and statutory damages, equal to actual damages or $5,000, whichever is greater, as well as costs and attorneys’ fees, and potentially injunctive relief.

To make sure they are compliant with the new amendment, Members should review their job postings and applications to ensure they are not asking for salary or wage history information and train their hiring managers and all staff involved in the hiring process to not ask questions seeking this information.

The EPOA prohibits gender pay discrimination and promotes fairness among workers by addressing business practices that contribute to gender pay gaps.

There are specific guidelines on what is an acceptable reason for differences in career advancement opportunities:

• Differences in education, training, or experience,
  
• Seniority,
  
• Merit/quality of work, and
  
• Measuring earnings by quantity or quality of production.

If members need assistance with their obligations under the EPOA, UEA attorneys are available through our Employer Helpline