Amendments to WA EPOA That Are Good News for Employees & Employers

Good News for Employees: Expansion of EPOA Protected Classes

RCW 49.58, the Equal Pay and Opportunities Act (EPOA), prohibits discrimination in pay by employers with 15 or more employees.  It requires pay transparency, imposes certain job posting requirements, and provides protections to job applicants. As enacted, the Act focused on unlawful discrimination based upon gender, however, effective July 1, 2025, the EPOA will be amended to cover those who are members of an expanded list of protected classes, not just gender.  The amendment to RCW 49.58 explains that “[p]rotected class means a person’s age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship, or immigration status, honorable discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, as those terms are defined in RCW 49.60.040.” 

The amendments to the EPOA also require the Department of Labor & Industries to develop educational materials for employers and engage in outreach efforts with employers.

 Changes to the EPOA regarding protected classes are effective July 1, 2025.

 Good News for Employers:  Amendments to the EPOA Help Employers Correct Mistakes and Avoid Liability Regarding Wage and Salary Disclosures

Changes to the EPOA will temporarily allow employers to make corrections to job postings for postings made from July 27, 2025 through July 27, 2027 only.  Prior to any action against an employer for violation of the job posting requirements, the employer must have received written notice of the posting deficiency and given five business days to make the necessary correction to avoid penalty.  Notably, the party seeking remedy need not be the party providing notice to the employer. 

Amendments to the EPOA also address a major concern for employers related to third party postings.  The definition of “posting” has been amended to expressly exclude websites that publish job recruitments without the employer’s consent. Even with this change to the law, employers who become aware of insufficient advertisements listed on third-party websites, would still be wise to make efforts to have those advertisements removed or corrected.

One of the biggest changes to the EPOA and best news for employers, however, relates to damages. The amendments set statutory damages as little as $100 per violation and create a maximum of $5,000.   Moreover, the Department and courts are instructed to consider a variety of factors, including willfulness, employer size, and “any other factor deemed appropriate” in setting the appropriate amount of damages. 

Changes to the EPOA regarding wage and salary disclosures are effective July 27, 2025.  General information about the EPOA can be found on the L&I website.  Equal Pay & Opportunities Act

If you have questions about the EPOA or need assistance recruiting new employees - call Member Care!