By Bill Swan, Principal Consultant
In the 2024 legislative session, the legislature of Washington state expanded the state’s Equal Pay and Opportunities Act (EPOA) to cover all classes protected in the state from discrimination. The EPOA was first passed in 2018, prohibiting employers from discriminating based on gender regarding compensation and workplace advancement opportunities. The law has been amended recently to provide more transparency and protections for employees and job applicants. As of July 1, 2025, the EPOA will cover all protected classes within the state: age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship of immigration status, honorably discharged veteran or military status, or presence of sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.
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.
What can Washington employers do to prepare ahead of July 1, 2025?
- Revise anti-discrimination policies in the employee handbook and elsewhere to ensure they align with the expanded EPOA protections for all classes.
- Conduct compensation analysis to look for similar pay rates for similar positions, considering factors such as experience, education, and performance.
- Identify any pay disparities that exist as previously unexplained pay differences between employees in similar roles and address them as soon as possible.
- Create a training program for managers and employees about the new law and how the company will work to comply.
- Review your job descriptions to ensure that duties, skills, responsibilities, performance expectations, and qualifications are clear. Ensure that anyone with job description writing responsibilities is also informed of the law.
- Document employee compensation review decisions and ensure they align with compliance. Retain records of all forms of compensation.
- Develop guidelines and procedures for handling pay equity complaints so your organization can have a framework to work if a complaint develops.
By taking these steps, Washington employers can position themselves to comply with the amended EPOA and create more equitable workplaces for all employees. More equitable workplaces have greater morale and job satisfaction, improved employee retention, better company reputation, more innovative solutions to challenges, improved financial performance, and, of course, greater legal compliance. If your organization needs help with any of this work, FIT HR would love to help. Contact us, and we will explore how we can help your company reach higher performance levels.