The Washington Supreme Court recently issued a decision interpreting the state’s Equal Pay and Opportunities Act (EPOA), which requires employers with 15 or more employees to include salary ranges and wage scales in job postings. The Court ruled that individuals do not need to prove they are applying in “good faith” to bring a claim if a posting does not comply with the law. Applicants may pursue statutory damages between $100 and $5,000 per violation, along with attorneys’ fees and costs. (RCW 49.58.110).
The ruling means that anyone submitting an application in response to a job posting without the required wage information may be entitled to damages, regardless of their intent to seek employment.
Earlier this year, lawmakers amended the EPOA to provide businesses with a limited correction period. From July 27, 2025 through July 27, 2027, employers notified of a missing salary range in a posting have five business days to correct the issue. If addressed within that timeframe, penalties and damages cannot be awarded.
This decision reinforces the importance of reviewing all job postings to ensure they meet EPOA requirements.
