Equal Pay & Opportunities Act Common Questions
All employers doing business in Washington are required to comply with the Equal Pay and Opportunities Act, including private and public employers.
All employees working in Washington are protected by the law.
All applicants seeking employment with a Washington employer are protected by the law.
No. The law does not provide an exemption for collective bargaining agreements.
Yes. Employees are protected from retaliation if they are exercising any of their protected rights under the law. Additionally, an employer may not retaliate, discharge, or discriminate against an employee because the employee filed a complaint or participated in any proceedings under the law on behalf of themselves or others.
Compensation and Bonuses
Compensation means the wages and benefits provided by an employer to an employee. Wages include, but are not limited to salaries, hourly rates, commissions, and non-discretionary bonuses. Benefits include compensation given to employees not based on performance such as gifts, medical insurance plans, retirement plans, paid time off, and discretionary bonuses.
No. Pay negotiation at the time of hire is not an acceptable defense for gender pay differences. Employers can negotiate pay during the hiring process, but if the pay offered to a new employee causes a gender pay difference between similarly employed employees, any difference in compensation must be based on justifiable job-related factors (not the negotiation itself).
Yes. An employer may match or exceed a competing job offer during a hiring process so long as any difference in compensation between similarly employed employees is not determined on the basis of gender, and the pay difference can be justified by a job-related factor.
Yes, so long as they are available to all employees performing similar work on an equal and non-discriminatory basis. Best practices include having a policy or defined systems in place to outline the availability and requirements to earn such benefits.
Yes, so long as the extra days off are awarded to all employees performing similar work on an equal and non-discriminatory basis. Best practices include having a policy or defined systems in place to outline the availability and requirements to earn such benefits.
Career Advancement Opportunities
- Are consistent with business need.
- Are not based on gender.
- Account for the entire differential.
Offering gender-based training may be acceptable under the law if similarly employed employees are offered the same course regardless of whether they are the intended gender audience of the class. Offering gender-based training to similarly employed employees of one particular gender (or some genders but not all genders) may be considered a violation of the law because it may limit or deprive the excluded employees from career advancement opportunities that would otherwise be available.
Differences in career advancement opportunities between genders may be acceptable so long as the difference is based entirely on job-related factors that:
Job-related factors include but are not limited to education, training, or experience, seniority, merit system (work performance), and measuring earnings by quantity or quality of production.
Wage Discussion and Wage Information
Yes. Employers can prohibit such disclosures if an employee has access to compensation information of other employees and applicants as part of that employee’s essential job functions, such as a human resources manager. However, these employees are protected from retaliation and cannot be prohibited from disclosing their own wages.
Yes, non-disclosure agreements (NDA) and policies are permissible so long as they do not prohibit employees from discussing, disclosing, or comparing wages. NDAs or policies that prohibit wage discussions need to be revised to comply with the law.
A severance payment constitutes compensation. Requiring confidentiality of a severance pay agreement could be a violation of the Equal Pay and Opportunities Act if the employer requires the employee to sign a waiver or other document that prevents the employee from disclosing the amount of the employee’s compensation.
Wage and Salary History of Applicants
No. It is unlawful for an employer to seek the salary history of a job applicant.
No. An employer cannot require that an applicant’s prior wage or salary history meet certain criteria. For example, an employer cannot require that an applicant’s previous salary met a minimum specified amount in order to be eligible to apply for a new position.
No. An employer may confirm an applicant’s wage or salary history only if the applicant has voluntarily disclosed the applicant’s wage or salary history. However, employers cannot ask about job applicants’ salary history on a job application, even if the question is optional.
Yes. Upon request by the employee, some employers are required to provide the minimum wage or salary range of a new position to employees offered an internal transfer or promotion, once the position is offered. If a wage scale or salary range does not exist, the employer must provide the minimum wage or salary expectation set by the employer prior to posting the position, making a position transfer, or offering the promotion. This requirement only applies to employers with 15 or more employees.
Yes. Some employers are required to provide the minimum wage or salary range of a position to applicants once the position is offered and if the applicant requests this information. This requirement only applies to employers with 15 or more employees.
L&I's Investigation and Enforcement
Employers carry the burden of proof to show a violation does not exist.
Yes. The department may initiate an investigation involving multiple employees when, through the course of an investigation, it is discovered that other employees beyond the original complainant were subject to violations of the law.
No. If a gender pay difference between similarly employed employees exists, and there are no justifiable job-related factors to account for the difference, the employer will be considered to be in violation of the Equal Pay and Opportunities Act.