Washington State's Equal Pay and Opportunities Act: New Requirements for Pay Transparency in Job Postings

Promoting Gender Equality in the Workplace: The Washington Equal Pay and Opportunities Act

The Washington Equal Pay and Opportunities Act (EPOA) aims to promote gender equality in the workplace by prohibiting pay discrimination and addressing employment practices that contribute to gender-based income disparities. Last year, the legislature passed a bill amending the EPOA, which includes measures such as requiring employers to provide compensation and benefits information to job applicants and employees, and prohibiting employers from asking about an applicant's salary history in certain situations. As stated in RCW 49.58.005, there is still a significant gap in wages and advancement opportunities among workers in Washington, particularly for women. Historically, women have been offered lower starting pay than men for the same job, even when their qualifications and experience are similar.

New L&I Administrative Policy on the EPOA

The new L&I Administrative Policy ES.E.1, which was issued on November 30, 2022, offers detailed guidance on the Washington Equal Pay and Opportunities Act (EPOA) and its new pay transparency job posting requirements. Employers are encouraged to review this policy for more information. L&I also offers free, personalized consultations to help employers understand how the EPOA provisions may affect their employment practices. For more information on the consultation process, employers can refer to the L&I fact sheet or contact the Employment Standards Program at 360-902-6625 with any questions.

Salary and Benefits Information Now Required in Job Postings

The Washington Equal Pay and Opportunities Act (EPOA) has been amended to require employers with 15 or more employees to disclose the wage scale or salary range for each job opening in their recruitment advertisements, effective January 1, 2023. This change is outlined in RCW 49.58.110. The previous law only required employers to disclose this information if requested by an applicant or candidate. The new law aims to promote pay transparency and improve pay equality, particularly with regard to gender disparities.

According to the L&I Administrative Policy ES.E.1, the term “wage scale or salary range” refers to both the minimum and maximum compensation that an employer reasonably and genuinely expects to pay for a position. It is not sufficient to simply include a minimum salary, such as “at least $25 per hour,” or to list only the top of a salary range. Employers are expected to provide a range that extends from the lowest to the highest pay established for the position prior to publishing the job posting. If an employer does not have an existing wage scale or salary range for a position, one should be created before publishing the job posting.

In addition to the wage scale or salary range, job postings must also include a general description of all benefits and other compensation that will be offered to a successful candidate. Job postings include electronic and hard copy recruitment advertisements, whether posted directly by an employer or indirectly through an outside recruiter or social media platform like LinkedIn. Electronic job postings do not have to include all the compensation and benefits information if links are provided in the posting that lead to more detailed information.

Internal Job Openings Exempt from Disclosure Requirements

The new requirements for disclosing wage scale or salary range in job postings as outlined in RCW 49.58.110 do not apply to internal job openings for current employees. Employers are not required to post wage scale or salary range information for internal positions. However, current employees who are offered a transfer or promotion within the company are entitled to know the wage scale or salary range for that position upon request. This is outlined in RCW 49.58.110(2). It is worth noting that this requirement only applies to employers with 15 or more employees, as employers with fewer than 15 employees are excluded from the new requirements.

Remedies for EPOA Violations

RCW 49.58.110(4) outlines the remedies available to job applicants and employees for violations of the compensation and benefits transparency requirements set forth in the Washington Equal Pay and Opportunities Act (EPOA). Such violations may be pursued through a complaint with the Director of L&I, as outlined in RCW 49.58.060, or through a civil lawsuit seeking damages and/or injunctive relief. However, it's worth noting that to bring a civil case, proof of a pattern of violations is required as outlined by RCW 49.58.070.

Conclusion and Resources

To ensure compliance with the Washington Equal Pay and Opportunities Act (EPOA) and the new requirements for job postings, both public and private employers should review their external and internal hiring practices. If you have any doubts or questions about how this new law may apply to your workplace, it's recommended to seek advice from your agency's legal counsel.

Here are additional resources to help understand the policy implications of this new law:
 

• MRSC: Hiring Procedures
• L&I: Equal Pay and Opportunities Act employer’s guide

REFERENCE

New Legal Requirements for Job Postings
https://mrsc.org/stay-informed/mrsc-insight/january-2023/new-legal-requirements-for-job-postings