Washington Equal Pay Lawyer
Working people across Washington have strong rights and protections under state and federal laws. That includes the right to be paid fairly and to get certain information about compensation.
The Washington Equal Pay & Opportunities Act (EPOA) is at the heart of workers’ rights on the job. The law gives employees the power to enforce those rights, whether it is individually or collectively through class actions. It also shields employees from retaliation for taking action
This comprehensive law is designed to close the wage gap and ensure that employees are not discriminated against in pay and career advancement. It also goes beyond compensation and promotion decisions to ban certain practices and policies that have historically contributed to discrimination on the job.
Let a Washington equal pay lawyer at Justice Law Corporation help you fight discrimination on the job and get the full pay to which you are entitled. An attorney at our firm can help you understand your rights under the Equal Pay & Opportunities Act, determine whether you have a claim, and maximize your compensation.
We are experienced lawyers who focus exclusively on workers’ rights cases. Our attorneys have a strong track record of successful results in the courtroom and through negotiated settlements in pay, discrimination, and other employment cases.
It is crucial that anyone who works for a living in Washington understands their rights. Here is what you need to know about pay discrimination and how to fight back.
How the Washington Equal Pay & Opportunities Act Works
Washington lawmakers passed the Equal Pay & Opportunities Act in 2018 to target ongoing wage disparities, especially those affecting women and other protected groups. The legislature, which later updated the law, found that unequal pay and lack of transparency contribute to long-term economic inequality and poverty.
The law enshrines three core rights for workers:
- Equal pay for equal work
- Equal access to career opportunities
- Transparency in pay, hiring, promotions, etc.
The EPOA covers all employers across the state, regardless of size. It bans discrimination based on employee gender or membership in one or more protected classes:
- Age (40 and older)
- Marital status
- Sexual orientation
- Race
- Religion
- National origin
- Citizenship or immigration status
- Veteran or military status
- Disability
The law protects current and former employees, as well as job applicants.
Equal Pay
The general rule is that employers cannot pay workers differently because of their sex or membership in a protected class.
A key part of this protection is that employees must be performing “substantially similar work” in order to be compared. They do not need to have the same title. Instead, work may be considered substantially similar based on the training, experience, and ability required to do the job, as well as the mental or physical exertion and level of responsibility that the position entails.
Just because two or more employees are paid differently does not mean an employer is violating the law. There are a number of valid reasons for pay disparities. Here are some of the most common:
- Seniority
- Performance
- Education
- Training
- Experience
- Quantity or quality of production
- Regional cost of living
An employer must be able to clearly show that pay differences are based on these or other non-discriminatory factors. A worker’s previous pay history – with this employer or elsewhere – cannot be used to justify different compensation levels.
Equal Career Opportunities
The EPOA also prohibits employers from limiting or denying workers’ opportunities for advancement because of their gender or membership in a protected class.
The kinds of opportunities covered include:
- Promotions
- Transfers
- Training
- Mentorships
- Assignments
Any differences in advancement opportunities for similarly situated employees must be based on job-related factors.
Pay Transparency
The law also includes important guarantees regarding transparency. These provisions are a response to situations in which pay discrimination has been allowed to fester because workers cannot get basic information about what others are making.
The EPOA gives employees the right to talk about pay on the job. Employers cannot ban employees from discussing wages or impose secrecy requirements. They also cannot retaliate against workers for comparing salaries.
Employers also must share pay information for workers who are offered promotions or job transfers. And they must provide wage scales or salary ranges in new job postings. This reduces guesswork for applicants and prevents employers from making lowball offers, while helping workers identify unfair pay gaps.
Frequently Asked Questions
Can a new employer ask me about my past salary or hourly wage during a job interview?
No, not if you are in Washington. The Equal Pay & Opportunities Act makes it unlawful to ask job applicants about their wage and salary history. This is designed to combat long-term pay discrimination that can be baked in when a worker hired at a lowball rate for one job is hampered by that rate when they go looking for a new position elsewhere.
Job applicants who are asked about previous pay are not required to answer those questions. Employers are banned from retaliating against applicants who decline to disclose that information.
Does my employer have to include a salary range in job postings?
Yes, in most situations. Employers with 15 or more employees must include a wage scale or salary range, a general description of benefits, and a general description of other compensation in job postings.
I found out that a coworker is making more than me for the same job. Is this legal?
It depends. Employers have the right to make pay decisions based on a wide range of factors. Just because another person is making more than you does not mean you are being discriminated against.
The EPOA makes it unlawful for employers to pay workers at different rates for similar jobs because of their gender or membership in one or more other protected classes. To have a claim, you have to be able to prove that the pay difference is discriminatory.
Employees’ job titles do not matter when comparing their roles. Instead, whether jobs are similar depends on the skill, effort, and responsibilities that they entail. Employers can still pay workers at different rates for similar work if the disparity is based on justifiable factors, such as seniority, education and training, or performance.
My employer has a policy that bans me and other employees from talking about pay. Is that legal?
No. The EPOA guarantees working people in Washington the right to discuss wages, salaries, benefits, and other compensation. That includes coworkers who share information about their own pay. Secrecy policies are prohibited because they make it harder for workers to determine if they are being ripped off.
Employers similarly cannot fire, demote, or otherwise retaliate against workers for talking about compensation on the job.
Does that mean my employer cannot force me to sign a non-disclosure agreement?
No. Employers often require workers to sign arbitration and non-disclosure agreements (NDAs) as a condition of employment. These are legally binding contracts in which workers agree to resolve any potential disputes with their employers outside of the typical court process and pledge not to disclose certain information about the employer and the work.
The agreements are generally lawful in Washington. That said, employers cannot use NDAs to ban employees from talking about pay or comparing pay with coworkers.
My coworkers are being paid more than me for doing the same job. Do I need a lawyer?
Employees who want to file an EPOA claim against their employers are not required to be represented by attorneys, but there are many reasons why the advice of a seasoned attorney is crucial.
At Justice Law Corporation, our Washington equal pay lawyers combine decades of experience helping workers who have been shortchanged or ripped off fight back. That includes suing for discrimination and pay transparency violations under the EPOA.
First, an experienced lawyer can help you determine whether you have a claim. There are a number of valid reasons that employers may give for pay differences among workers. A lawyer can vet those reasons, gather additional evidence to test their validity, and explore whether discrimination is the true motivating factor behind any pay differences.
In addition, an attorney can build the strongest possible claim by presenting the evidence clearly and convincingly. Our lawyers have had significant success resolving pay and other disputes through negotiated settlement, rather than drawn-out court fights. Having a strong claim on the front end is key to bringing employers to the negotiating table.
A Washington Equal Pay Lawyer Can Help
If you believe that you are being discriminated against on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone.
An equal pay lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options. We have a strong track record of optimal results through verdicts and settlements for the people that we represent.
Our office is conveniently located in Seattle. Contact us at (360) 207-0000 to schedule a free consultation with a Washington equal pay lawyer.