Douglas Olsen
Washington State's Equal Pay and Opportunities Act (EPOA) aims to address wage gaps and advancement opportunities among employees and applicants. The EPOA prohibits employers from seeking an applicant's salary history and requires them to post the pay range and benefits for each job opening. Additionally, employers must provide equal pay to similarly employed workers, regardless of gender, and cannot prohibit employees from discussing their wages. Washington's public schools serve over 1.1 million students, and the state is responsible for funding their basic education, with an average expenditure of $11,500 per student in 2019. To ensure equal pay per student in Washington State, it is essential to understand the EPOA's provisions and explore ways to allocate funding equitably across all students, addressing any disparities in wages and opportunities.
| Characteristics | Values |
|---|---|
| Name of the Act | Washington State Equal Pay and Opportunities Act (EPOA) |
| Purpose | To address gaps in wages and advancement opportunities among employees and applicants |
| Applicability | Employers in Washington State with 15 or more employees |
| Requirements for employers | Prohibiting retaliation or discipline towards workers who discuss or ask about their own wages or the wages of any other employee; prohibiting an employer from seeking the wage or salary history of an applicant; requiring employers to post the pay range and a general description of benefits and other compensation to be offered for each job opening; providing equal pay to similarly employed workers |
| Requirements for employees | Not mentioned |
| Compliance | The Department of Labor and Industries has investigatory rights when a complaint is filed. If they find a violation of the Equal Pay Act, they are required to attempt to resolve the violation through mediation. If that process is unsuccessful, they can issue a citation, assess damages, and/or impose civil penalties. A complainant can bring a civil action against an employer within three years of the alleged violation. |
| Exemptions | Differential in compensation based on a local government ordinance providing for a minimum wage different from state law |
| Definitions | "Compensation" includes discretionary and nondiscretionary wages and benefits; "Department" refers to the Department of Labor and Industries; "Employee" refers to an individual employed by an employer in their business; "Employer" includes any person, firm, corporation, partnership, etc. that engages in any business, industry, profession, or activity in the state and employs one or more employees |
| Average basic education funding per student | $11,500 in 2019 |
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What You'll Learn
Washington's Equal Pay and Opportunities Act (EPOA)
The EPOA requires employers to provide equal pay to similarly employed workers, except for specific reasons unrelated to gender. Similarly employed workers are those who work for the same employer, perform jobs requiring similar skills, effort, and responsibility, and work under similar conditions. Employers cannot limit or deprive an employee of career advancement opportunities based on gender, except for specific reasons unrelated to gender, such as differences in education, training, or experience. Other acceptable reasons for differences in career advancement opportunities include job-related factors consistent with business needs and reasons not based on gender differentials.
The EPOA also provides guidance on setting wages and salaries by employment type. HR Compensation can assist hiring managers with salary-setting inquiries to ensure fair compensation and meet departmental responsibilities. Amendments to the EPOA will come into effect on July 1, 2025, to further expand equal pay protections to all protected classes.
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Prohibiting salary history inquiries
On May 9, 2019, Washington State Governor Inslee signed the Washington Equal Pay and Opportunities Act (EPOA), which bans employers from asking about prior salary and prohibits salary history inquiries. This law amends Washington's prior equal pay law and seeks to address gaps in wages and advancement opportunities among employees and applicants.
The EPOA prohibits employers from seeking the wage or salary history of an applicant, including both external applicants and current or former employees. It also requires employers to provide wage information to applicants upon request, such as the minimum wage or salary for the position. This information must be provided after an offer has been made, and employers cannot take any negative action against an employee for requesting this information.
Additionally, the EPOA prohibits retaliation or discipline towards workers who discuss or ask about their wages or the wages of other employees. It also requires employers to post the pay range and a general description of benefits and other compensation to be offered for each job opening. This helps to ensure transparency and eliminate gender-based pay disparities that can occur when starting salaries are based on prior salary.
To comply with the EPOA, employers should review and update job applications, questionnaires, and training for managers, supervisors, and recruiting personnel to ensure that salary history inquiries are not included or asked during the hiring process. Employers should also be prepared to set compensation for current employees transferring to new positions based on the established salary range for that position, without reference to the employee's current or prior salary.
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Posting pay ranges for job openings
Washington state law seeks to address gaps in wages and advancement opportunities among employees and applicants. The Washington State Equal Pay and Opportunities Act (EPOA) prohibits employers from seeking the salary history of an applicant and requires them to post the pay range and a general description of benefits and other compensation to be offered for each job opening.
Employers must disclose the wage scale or salary range and a description of the benefits and compensation in each job posting. This includes any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party. This also applies to internal transfers or promotions for existing employees.
The EPOA also prohibits retaliation or discipline towards workers who discuss their wages and protects employees from being limited or deprived of career advancement opportunities based on gender, except for specific reasons unrelated to gender, such as differences in education, training, or experience.
To ensure compliance with the EPOA, employers can seek guidance from HR Compensation when setting salaries for job openings. They can also refer to salary schedules provided by the Office of Financial Management, which outlines the minimum wage rates and salary ranges for various positions, including apprentice and certificated teachers.
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Protecting workers' rights to discuss wages
The right to discuss wages is protected by the National Labor Relations Act (NLRA or the Act). This law ensures that employees can communicate with their coworkers about their pay, as well as with labour organizations, worker centers, the media, and the public. This applies to both unionized and non-unionized workers.
The NLRA also protects employees' right to not discuss their wages if they choose not to. Employers are prohibited from punishing, retaliating, or taking any negative action against employees for discussing their pay. This includes interrogating, threatening, or surveilling employees. It is also unlawful for employers to have policies or rules that prohibit employees from discussing their wages.
The Washington State Equal Pay and Opportunities Act (EPOA) also seeks to address gaps in wages and advancement opportunities. This includes prohibiting retaliation or discipline towards workers who discuss or ask about their wages or the wages of other employees.
To protect workers' rights to discuss wages, it is important for employees to understand their rights under the NLRA and state laws like the EPOA. Employees should be aware that they can discuss wages during work, on breaks, or outside of work, and that they can communicate in person, over the phone, or through written messages.
Additionally, employers should ensure they are complying with the law by not interfering with employees' right to discuss wages and by providing equal pay to similarly employed workers, except for specific reasons unrelated to gender, such as differences in education, training, or experience.
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Addressing income disparities and discrimination
Washington State's Equal Pay and Opportunities Act (EPOA) aims to address income disparities and discrimination by targeting several key areas. Firstly, it prohibits employers from seeking or inquiring about an applicant's wage or salary history, as this has historically contributed to persistent earning inequalities, particularly for women who have been offered lower initial pay for the same work. By prohibiting this practice, the EPOA aims to prevent salary history from influencing current salary offers and perpetuating gender-based pay disparities.
Secondly, the EPOA promotes transparency in compensation and benefits. Employers are required to disclose the wage scale or salary range, along with a general description of benefits and other compensation, for each job opening. This transparency ensures that applicants are aware of the expected pay and can make informed decisions during the job search process. It also enables them to identify any potential pay disparities or unfair practices.
Thirdly, the EPOA protects employees' rights to discuss their wages and salaries without fear of retaliation or discipline. Employees are allowed to discuss their wages with their colleagues to identify potential pay disparities and take informed career decisions. Employers cannot prohibit, discourage, or take any negative action against employees for engaging in such discussions.
Additionally, the EPOA addresses income disparities by recognizing the importance of equality of opportunity for advancement. It acknowledges that using gender as a factor in career advancement contributes to pay inequity. Therefore, employers must not limit or deprive an employee of career advancement opportunities based on gender, except for specific reasons unrelated to gender, such as differences in education, training, or experience.
To further address discrimination, the EPOA defines a "protected class" based on characteristics such as age, sex, marital status, sexual orientation, race, and disability status. This ensures that individuals cannot face discrimination or be denied equal opportunities based on their membership in one or more of these protected classes.
In conclusion, Washington State's EPOA takes a comprehensive approach to addressing income disparities and discrimination by targeting salary history inquiries, promoting transparency in compensation, protecting employees' rights to discuss wages, addressing gender-based disparities in career advancement, and defining protected classes to prevent discrimination. These measures work together to create a more equitable employment landscape in the state.
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Frequently asked questions
The Equal Pay and Opportunities Act (EPOA) is a Washington state law that aims to address gaps in wages and advancement opportunities among employees and applicants. It prohibits employers from seeking information on an applicant's wage or salary history, and requires them to post the pay range and benefits for each job opening.
The EPOA requires employers with 15 or more employees to disclose the wage scale or salary range, and a general description of benefits for each job opening. This includes student jobs, which are typically paid hourly and can include benefits such as insurance, retirement plans, and leave accruals.
The EPOA prohibits employers from limiting career advancement opportunities based on gender, except for specific reasons unrelated to gender, such as differences in education or experience. It also allows employees to discuss their wages with colleagues without fear of retaliation.
