Washington's Amended Equal Pay Act Enacts Salary History Ban

In July 2019, the amendments to Washington’s Equal Pay and Opportunities Act (EPOA) went into effect. The amendments made two major additions to the EPOA:

1)     Salary Request Ban (Applicable to all employers)

All employers are prohibited from (1) inquiring about job applicant’s, current or former employee’s wage or salary history and (2) requiring that an applicant’s prior wage or salary history meet certain criteria.  An employer may confirm an applicant’s wage or salary history, but only if the applicant voluntarily disclosed it or if the employer has already negotiated and made an employment offer to the applicant that includes a compensation offer.

2)     Salary Range Disclosure (Applicable to employers with 15 or more employees)

Employers with 15 or more employees must provide to an applicant who has been offered a position, upon the applicant’s request, the minimum wage or salary for the position. This requirement also applies to internal transfers and promotions. If no wage or salary range exists, the employer must provide the minimum wage or salary expectation prior to either posting the position or making the transfer or promotion.

If an employer violates the EPOA, the applicant or employee may either file a complaint with the Department of Labor and Industries or file a civil suit. The applicant or employee may recover the greater of lost wages or $5,000 in statutory damages as well as attorneys’ fees. The Department of Labor and Industries may also assess civil penalties.

To ensure compliance with the amended EPOA, employers should:

-        Review application forms and interview processes. Remove questions related to wage or salary history from paper and electronic employment applications

-        Refrain from asking a job applicant about their wage or salary history

-        Be prepared to provide minimum wage or salary information to applicants, as well as salary range information to existing employees being offered a transfer or promotion (applicable only to employers with 15 or more employees)

If you have any questions about how the amended EPOA affects your business or organization, please feel free to contact our office at (509) 529-5175.

The information listed above should not be construed as specific legal advice and is intended for general information purposes only.