Did you know employers in WA state are required to follow specific regulations with regards to gender pay equality?
You may ask yourself, “What are these requirements?” Keep reading to find out.
On June 7th, 2018, the Equal Pay and Opportunities Act was passed to “promote gender pay equity in Washington State through equal pay, equal career advancement opportunities, open wage discussions, prohibited retaliation, and other protections.” This law protects and provides rights for employees and job applicants seeking employment from a business. Please see Equal Pay and Opportunities Act Employer’s guide.
Under this act, employees have distinct rights.
These rights include:
- Equal pay, not based on gender.
- Equal career advancement opportunities, not based on gender.
- Ability to discuss wages with others.
- Access to wage or salary information of a new position or promotion, upon request by the employee.
- Protection from retaliation.
The Washington State Department of Labor & Industries (L&I) website provides examples when a difference in pay for employees with similar jobs/positions are acceptable, provided that the difference in pay is not based on gender. These permissible factors are:
- 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.
Permissible factors 1-4 are also valid explanations for differences in career advancement opportunities.
Job applicants also have certain rights in accordance with the Equal Pay and Opportunities Act.
These rights include:
- Privacy of wage or salary history when applying for a job.
- No requirement for wage or salary history to meet certain criteria.
- Access to minimum wage or salary information of a new position, upon request by the applicant.
Employers are not allowed to ask an applicant for their wage history or demand an applicant’s prior salary to meet a set of requirements. Employers must provide an applicant with the minimum pay rate or salary range of the position they are applying for, upon request by an applicant. However, there is an exception about disclosing wage or salary range. This protection for applicants only applies if the employer has 15 or more employees per RCW 49 58 110.
Beginning Jan. 1, 2023, employers will have to include some required information in their job postings. That includes a wage/salary range and a general description of all benefits and other compensation. These requirements apply only to employers with 15 or more employees. The changes are part of Engrossed Substitute Senate Bill 5761. Engrossed Substitute Senate Bill 5761 that amends portions of Washington’s Equal Pay and Opportunities Act. L&I’s Employment Standards Program anticipates developing an administrative policy to help employers better understand the requirements of this legislation.
Employees are protected from retaliation (suspension, demotion, reduction in hours, termination, etc.) when they exercise their rights under the Equal Pay and Opportunities Act.
Be proactive and visit the Equal Pay & Opportunities Act Employer Resources web page (wa.gov) to confirm your compliance with this law.
Do you have questions about worker’s rights, or anything else L&I related? PIM Savvy is ready to help you with these and other topics individually over the phone, via online meetings, or in person at one of our virtual workshops. We have safety and labor expertise to share with you and we can connect you with L&I. Call or text our workplace safety info line at 206-565-2961. Not only that, in partnership with L&I, these services are FREE to you!
Resources
Chapter 49.58 RCW: WASHINGTON EQUAL PAY AND OPPORTUNITIES ACT
Equal Pay & Opportunities Act (wa.gov)
F700-216-000 EPOA Employer Guide (wa.gov)
