Update Applicable to:	Effective Date
All Employers in Washington	July 1, 2025

What happened?

Washington State updated its Equal Pay and Opportunities Act (EPOA) to expand protections for workers and clarify employer obligations related to pay equity and job postings.

Overview:

Washington Equal Pay and Opportunities Act (EPOA): Washington State has expanded the EPOA to protect against pay and career advancement discrimination based on a broader set of protected classes, including race, age, disability, and military status. These rules apply to both actual and perceived membership in a protected class.

Key Employer Responsibilities

1. Equal Pay & Advancement: Employers must provide equal pay and career opportunities regardless of the protected class.

• Differences are allowed only if based on legitimate, job-related factors (e.g., education, experience, performance).

2. Wage Transparency: Employees may freely discuss wages.

• Employers cannot retaliate or require wage confidentiality (except for HR roles).

3. Salary History Ban: Employers may not ask about or rely on an applicant’s wage history, unless voluntarily disclosed after a job offer.

4. Job Posting Requirements

• Employers with 15+ employees must include:
  • Salary range (min and max).
  • General description of benefits.

• Applies to all job postings, including remote and third-party listings.

Additional Information:

• Enforcement & Compliance

• Investigations: The Department of Labor & Industries (L&I) may investigate with or without a complaint.

• Complaints: Must be filed within 4 years; applies to current and former employees.

• Penalties:

• Statutory damages range from $100 to $5,000 per violation, based on employer size and intent.
  • Civil penalties and interest may apply.

• Appeals: Must be filed within 30 days; prevailing employees may recover legal costs.

• Grace Period for Corrections (Until July 27, 2027): Employers have 5 business days to fix noncompliant job postings after receiving written notice.

• If corrected in time, no legal action or penalties may be pursued.
• Does not apply to unauthorized third-party postings.

Source References

• Washington Equal Pay and Opportunities Act – Rules (EPOA)
• Washington Equal Pay and Opportunities Act (EPOA) (SHB 1905 Implementation)

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