Equal Pay Act - Washington

Summary of differences between federal and state regulations

Employer defined

“Employer” includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons. It does not include any religious or sectarian organization not organized for private profit.

Unlawful employment practices

The state Equal Pay Opportunity Act prohibits discrimination between workers who are “similarly employed,” meaning that they (1) work for the same employer; (2) perform jobs requiring similar skill, effort, and responsibility; and (3) perform jobs under similar working conditions. The law does allow for differences based on factors like education, training, and seniority, for example. With these changes, employers also may not prohibit employees from discussing their wages with one another. Effective June 7, 2018.

Washington expanded its Equal Pay and Opportunities Act to ban employers from inquiring about job applicants’ salary history. If an applicant voluntarily shares his or her previous salary, the employer may confirm it. An employer may also confirm previous salary information after an offer of employment has been negotiated and made. The revised Act, which took effect July 28, 2019, also mandates employers with 15 or more employees to disclose wage and salary information to applicants and employees as needed (e.g., when an employee is promoted).

On January 1, 2023, Washington employers with 15 or more employees must include, in job postings, a salary range, as well as basic information on benefits and additional compensation. A general “now hiring” ad likely would not need to include detailed salary information.

Posting

The state provides a poster titled “Washington Law Prohibits Discrimination in Employment.”

State

Contact

Human Rights Commission

Regulations

RCW Title 49, Chapter 49.60, Discrimination - Human Rights Commission

WAC Title 162, Human Rights Commission

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1620, The Equal Pay Act

29 CFR 1621, Procedures — The Equal Pay Act