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The state of Washington recently passed a bill that updated their previous gender pay law – which was established in 1943.

About The Act

Representative Tana Senn, an active proponent for equal pay laws, sponsored the Equal Pay Opportunity Act (EPOA) to address a gender-based disparity in Washington. The Act requires WA-based employers to offer equal compensation for people who are “similarly employed”, meaning they have similar duties and responsibilities under similar work conditions. It also requires employers to offer equal career advancement opportunities to workers of any gender.

Inslee said: “This bill tears away the ability of companies to shroud salary and promotion decisions in secrecy. This makes it possible for employees to discuss how those decisions are being made without fear of retaliation.”

Some wage gaps will not be considered discriminatory. Employers may offer different salaries to similarly employed individuals if:
· They are not based on gender.
· There are factors in play such as seniority, regional differences (to adjust for the cost of living) or education.
· A genuine business necessity calls for varying salaries.

Disclosing Wages

While nothing in the EPOA prevents workers from discussing their own wages, it does prohibit them from discussing the wages of others. This could be an issue if an individual has access to salaries or details about different types of compensation earned by their co-workers. The only time revealing this information would be permissible is if it necessary to settle an investigation, charge or complaint.

The EPOA prohibits employers from retaliating against employees who choose to disclose their wages. It also prohibits retaliation if an employee files a discrimination complaint, encourages other workers to take advantage of new rights created by the EPOA or inquires about a lack of advancement opportunities.

Violations Of The EPOA

A violation of the EPOA is defined as any instance in which an employer does not provide equal salary for similarly employed individuals due to gender or participates in any other gender-based discriminatory practice.

If an employee feels they have been discriminated against, they may file a complaint with the Washington State Department of Labor & Industries. The matter will then be investigated to determine whether or not a violation has occurred. When a violation is proven, the first step will be to try and reach an agreement with the employer. Should it become impossible to reach a resolution, then a citation may be issued and the employer could be accountable for actual and statutory damages or $5,000, whichever amount is greater, along with reasonable attorney’s fees.

Takeaway For Employers

Employers in Washington are urged to review their current policies to ensure they are compliant with the EPOA. If not, then those policies should be revised as soon as possible.

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