The Washington State Equal Pay and Opportunities Act prohibits gender pay discrimination and promotes fairness among workers by addressing business practices that contribute to income disparities between genders. Both employees and applicants have rights under this law.
It is unlawful to base an employee’s pay or career advancement opportunities on their gender. Employees also have the protected right to discuss their wages and have the right to access certain wage and salary information.
Equal pay
Gender cannot be a reason for pay differences between employees with similar jobs. Determining if employees have similar jobs is based on skill, effort, and responsibility, not based on job titles. Differences in pay for similar jobs may be acceptable only in certain circumstances.
Acceptable reasons for a difference in pay Unequal compensation among employees of different genders may be acceptable if the difference is based on justifiable factors, not related to gender. Acceptable factors for differences in pay may include:
- Differences in education, training, or experience
- Seniority
- Merit/work performance
- Measuring earnings by quantity or quality of production
- Regional differences in compensation
- Differences in local minimum wages
- Job-related factors consistent with business need
Employers bear the burden of proof to justify why pay differences exist. An employee’s previous wage or salary history cannot be used to justify gender pay differences.
Equal career advancement opportunities
Employers cannot limit or deprive an employee of career advancement opportunities on the basis of gender. Acceptable reasons for differences in career advancement opportunities Differences in career advancement opportunities among genders may be acceptable if the difference is based on:
- Differences in education, training, or experience.
- Seniority.
- Merit/work performance.
- Measuring earnings by quantity or quality of production.
Open wage discussions
Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Wage non-disclosure agreements for employees are prohibited. Employers can require employees who have access to other employees’ wage information as part of their job duties, to keep that information confidential.
Protection from discrimination, retaliation, and firing
Employers cannot take any adverse action against an employee for discussing wages, filing a complaint, testifying in a proceeding related to the law, or exercising other protected rights granted under the Equal Pay and Opportunities Act.
Additionally, employers cannot retaliate against employees who ask about their wages or lack of opportunity for advancement.
Access to wage or salary information
Employers must provide an employee who is offered an internal transfer or promotion with the wage scale or salary range of their new position, upon request by the employee. Employers with fewer than 15 employees do not have to meet this requirement.
Pay transparency
Starting January 1, 2023, employers with 15 or more employees will be required to include wage, benefits and other compensation information in external and internal job postings. A job posting means any ad, social media outreach, or similar promotion that seeks an applicant for a specific position.
Under the new requirements, employers must disclose in all internal and external job postings:
- Wage scale or salary range
- General description of all benefits, and
- General description of all other compensation
Complimentary Equal Pay & Opportunities Act consultations
L&I offers free customized consultations to help employers understand the impact
the Equal Pay and Opportunities Act might have on their organization and employment practices, and provide a proactive evaluation of possible specific risks.
Visit lni.wa.gov/workers-rights/wages/equal-pay-opportunities-act or call 360-902-6625 to request a consultation.
Additional Resources
Washington Hospitality Association
