The Washington Supreme Court recently ruled that job applicants aren’t required to prove that they had a genuine interest in a job in order to collect damages for noncompliant job postings under Washington’s Equal Pay and Opportunities Act (“EPOA”). Two applicants brought a class action lawsuit alleging that they applied for jobs at a retail store, but the job postings didn’t contain the salary or wage range information required by the EPOA. They argued that they were entitled to statutory damages under the law, plus attorney fees, for failure to provide the required pay scale information. The employer responded that a job applicant under the EPOA must be a “bona fide” or “good faith” applicant, and those two individuals didn’t qualify.
The court sided with the applicants, ruling that the plain meaning of a job applicant as outlined in the EPOA is an individual who formally applies to a job opening through the submission of an application. The court rejected any potential inquiry into an applicant’s good faith motive in applying for a job position (Branson et al. v. Washington Fine Wine & Spirits, et al., Wash, Sept. 2025).
Tips: This Washington Supreme Court decision significantly expands the potential risk of class action litigation for noncompliant job advertisements. A person who never had any legitimate interest in a posted job position, and whose goal is to collect money through legal proceedings, now has an avenue to seek remedies under the EPOA. You should review job postings prior to publication to ensure the appropriate wage and benefits disclosures are included. You should also have an internal process to respond swiftly to notices of defective postings and audit third-party sites on a regular basis to review your job postings there.
As we recently reported, the 2025 Washington legislature updated the EPOA with SSB 5408, giving employers an opportunity to avoid liability for noncompliant job postings during a two-year window from July 27, 2025, through July 27, 2027, by making corrections within five business days of receiving written notice that they’re lacking required wage and benefits information. For postings that aren’t fixed, the updated EPOA now specifies that an applicant who wins in court can collect statutory damages of $100 to $5,000 per violation, plus reasonable attorney fees and costs. Vigilant reviewed changes to the EPOA in our July webinar, Washington’s New Employment Laws, Part I — you can now watch the video here. We also updated our Legal Guides, Equal Pay: Avoid the Pitfalls and Washington Laws that Affect Employment, to reflect the revised law. If you need further guidance on this issue, please contact your Vigilant Law Group employment attorney.
