By Bill Swan, Principal Consultant
Equal Pay & Opportunities Act
In the 2024 legislative session, Washington state expanded its Equal Pay and Opportunities Act (EPOA) to cover all protected classes from discrimination. Originally passed in 2018, the EPOA prohibited gender-based discrimination regarding compensation and workplace advancement opportunities. The recent amendments to the law aim to increase transparency and offer enhanced protections for both employees and job applicants.
Starting July 1, 2025, the EPOA will extend its protections to all protected classes within the state, including age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, as well as individuals with sensory, mental, or physical disabilities, or those who use a trained dog guide or service animal. These updates will further promote workplace fairness and equality across a broader range of employees.
Table of Contents
Addressing Wage Gaps and Advancement Disparities
The EPOA was amended to address the continuation of the wage gap and advancement opportunities for Washington workers despite the existing equal pay laws. When there are income disparities, the affected classes have higher poverty rates. The legislation is meant to help amend the disparity, reduce poverty, and promote workplace fairness.
Under the law, employees are considered similarly employed if they work for the same employer, the performance requires the same skill, effort, and responsibility, and there are similar working conditions. Job titles alone do not constitute whether employees are similarly employed. There is the ability to have differences in pay based on bona-fide job-related factors specified in RCW 49.58.020 (3) (b) (i) through (iv). Such factors include education, seniority, merit, and other factors where the employer carries the burden of proof to defend.
Steps Washington Employers Can Take to Prepare for July 1, 2025
- Revise Anti-Discrimination Policies
Update your employee handbook and any other relevant policies to ensure they align with the expanded protections under the amended EPOA. - Conduct Compensation Analysis
Perform a compensation analysis to identify any disparities in pay for similar positions, considering factors such as experience, education, and performance. - Address Pay Disparities
Identify and address any unexplained pay differences between employees in similar roles, and take corrective action as necessary. - Create a Training Program
Develop a training program for both managers and employees to educate them on the new law and the company’s approach to ensuring compliance. - Review Job Descriptions
Ensure job descriptions clearly outline duties, skills, responsibilities, performance expectations, and qualifications. Make sure those responsible for creating job descriptions are also informed of the law. - Document Compensation Decisions
Keep records of all compensation review decisions and ensure they align with compliance requirements. Retain documentation on all forms of compensation. - Develop Pay Equity Complaint Procedures
Establish guidelines and procedures for handling pay equity complaints, ensuring your organization is prepared to address any issues that may arise.
The Benefits of Compliance and Equity
By taking these steps, Washington employers can ensure compliance with the amended Equal Pay and Opportunity Act while fostering a more equitable workplace for all employees. Creating an equitable workplace not only boosts employee morale and job satisfaction but is can also lead to improved retention, a stronger company reputation, more innovative problem-solving, enhanced financial performance, and a greater legal compliance.
If your organization needs assistance in navigating these changes, FIT HR is here to help. Contact us, and let’s explore how we can partner with you to elevate your company’s performance in order to create a more inclusive, high-performing workplace.