Pay Equity Washington State (USA)

Basic Summary

Washington State has robust pay equity laws including the Equal Pay and Opportunities Act, pay transparency requirements (effective 2023), and a salary history ban. Employers with 15+ employees must disclose salary ranges in job postings and provide wage information to employees upon request.

Key Legislation

Washington Equal Pay and Opportunities Act (EPOA)

Enacted: 2018 (RCW 49.58)

Strengthens equal pay protections beyond gender to include multiple protected characteristics.

Pay Transparency Law (SB 5761 / HB 1696)

Effective: January 1, 2023

Requires disclosure of salary ranges and benefits in job postings.

Salary History Ban (RCW 49.58.110)

Effective: July 28, 2019

Prohibits employers from seeking salary history information.

Pay Transparency Requirements (2023)

Scope

Covered employers: 15+ employees

Covered postings:

• All job postings for positions that will be filled in Washington State
• Internal and external postings
• Postings by employer or through third parties (recruiters, staffing agencies)

Disclosure Requirements

Every job posting must include:

1. Wage scale or salary range:

   • Minimum and maximum anticipated compensation
   • Can be hourly rate or annual salary

2. General description of benefits and other compensation:

   • Health care
   • Retirement
   • Paid time off
   • Other benefits

"Posting" defined as:

• Electronic or printed advertisement for an employment opportunity
• Includes job boards, company websites, internal portals

What Constitutes a Good-Faith Range?

• Must reflect what employer reasonably expects to pay
• Should be based on applicable wage scale, market analysis, or budgeted amount
• Avoid overly broad ranges that undermine transparency (e.g., $30,000-$200,000)

Remote Work Applicability

Applies to:

• Positions performed in Washington State
• Remote positions that could be performed in Washington (even if open to candidates nationwide)

Salary History Ban

Prohibition

Employers cannot:

• Seek salary history from applicants (orally or in writing)
• Require disclosure of salary history as condition of consideration
• Rely on salary history to set compensation

Applies: At all stages of hiring process (application, interview, offer).

Exceptions

• Applicant voluntarily, without prompting discloses salary history
• Salary is publicly available (e.g., government employee salary databases)

Retaliation Prohibited

Cannot retaliate against applicants who refuse to provide salary history.

Wage Information Rights for Current Employees

Upon Request or Promotion

Employers must provide employees with:

1. Wage scale or salary range for employee's current position
2. Upon request: Information about how the employer determined the employee's wage or salary
3. Upon promotion or job change: The new wage scale or range

Timeline: "Upon request" (should be prompt; recommended within 2 weeks)

Format: Can be verbal or written

Equal Pay and Opportunities Act (EPOA)

Prohibition on Pay Discrimination

Employers cannot pay employees less than other employees for similarly employed work based on:

• Gender
• Race
• National origin
• Age
• Disability
• Or any other protected characteristic

"Similarly employed" = work requiring:

• Similar skill
• Effort
• Responsibility
• Performed under similar working conditions

Permissible Pay Differentials

Pay differences are lawful if based entirely on bona fide factors such as:

1. Seniority system
2. Merit system
3. System measuring quality or quantity of production (e.g., sales commissions)
4. Bona fide job-related factor(s):
   • Education, training, experience
   • Seniority
   • Regional differences in cost of living
   • Travel requirements
   • If factor is:
     • Consistent with business necessity
     • Not based on or perpetuating differential based on protected characteristic
     • Related to the position
     • Accounts for the entire differential

Career Advancement Opportunities

Employers must provide employees of all genders equal access to:

• Advancement opportunities
• Professional development
• Training

Enforcement and Remedies

Department of Labor & Industries (L&I)

Investigates complaints of pay discrimination and transparency violations.

Employee Remedies

For pay discrimination:

• Damages: Actual damages (back pay)
• Interest
• Costs and attorney's fees
• Statute of limitations: Claims must be filed within 4 years (extended from prior 1-year period)

For transparency violations:

• Complaints to L&I
• Potential civil penalties

Employer Penalties

• Civil penalties for pay transparency violations (amounts to be determined by regulation)
• Statutory damages for pay discrimination
• Injunctive relief requiring compliance

Best Practices for Employers

Job Posting Compliance

1. Develop salary ranges: Establish good-faith wage scales for all positions
2. Document basis: Maintain records showing how ranges were determined (market data, budget, internal equity)
3. Benefits summary: Prepare standard benefits description or link to detailed info
4. Audit postings: Review all job ads (internal and external) for compliance
5. Train teams: Ensure HR, hiring managers, and recruiters understand requirements

Salary History Ban

1. Remove questions: Delete salary history fields from applications and interview scripts
2. Train interviewers: Educate all interviewers on the prohibition
3. Focus on expectations: Ask candidates about their salary expectations, or share your budgeted range

Employee Wage Information Requests

1. Prepare ranges: Have wage scales readily available for all positions
2. Timely response: Respond to employee requests within a reasonable time
3. Documentation: Maintain records of how wages were determined for defensibility

Pay Equity Audits

1. Analyze pay: Regularly review compensation by gender, race, and other protected characteristics within job families
2. Use regression models: Control for legitimate factors (experience, performance, location)
3. Remediate disparities: Adjust pay where differences are not explained by bona fide factors
4. Document justifications: Maintain contemporaneous records of pay decisions

Resources

• Washington State Department of Labor & Industries: https://www.lni.wa.gov/workers-rights/wages/equal-pay-and-opportunities-act
• Equal Pay and Opportunities Act (RCW 49.58): https://app.leg.wa.gov/RCW/default.aspx?cite=49.58
• Pay Transparency FAQs: https://www.lni.wa.gov/workers-rights/wages/equal-pay-opportunities-act/pay-transparency
• Washington State Human Rights Commission: https://www.hum.wa.gov

Compliance Calendar

Date	Action
January 1, 2023	Pay transparency requirements effective (15+ employees)
Ongoing	Include wage scale and benefits in all job postings
Ongoing	Respond to employee wage information requests
Ongoing	Refrain from seeking salary history
Annual (recommended)	Conduct internal pay equity audit

---

Disclaimer: This guide is for informational purposes only and does not constitute legal advice.