Two good bi-partisan bills – HB 2377 / SB 6221 – emerged this week in the Legislature to clarify the meaning of “applicants” under Washington’s Pay Transparency Act (Act) enacted in 2023 to help close the gender pay gap by requiring salary ranges in job postings. This clarification addresses a significant statutory gap that has become evident through enforcement and litigation.
By way of background, the Act lacks a clear definition of “applicant,” resulting in about 250 civil suits by the end of 2024 with “serial” job applicants who were not seeking jobs, but to benefit financially from legal settlements.
In response, the Legislature passed a bipartisan bill (SB 5408) during the 2025 Legislative session to allow a limited scope “right to cure”. This provision, however, has a two-year sunset. At the time, the Legislature refrained from clarifying the applicant’s meaning due to a pending State Supreme Court decision.
The Court’s ruling last September, however, allowed any job applicants to sue for violations of the state’s pay transparency law without having to show they applied in good faith or that they were “bona fide” applicants. All that is required is that they apply to a specific job posting.
Now in the second week of a 60-day Legislative session, WR is joining a business coalition to support the passage of this much needed clarification to restore balance to the Pay Transparency Act.
