To help explain and clarify changes to the state’s Equal Pay and Opportunities Act (EPOA) that take effect on July 1, 2025, the Washington Department of Labor & Industries (L&I) has released new rules that take effect on the same day. The EPOA has undergone multiple revisions in recent years, including expanded worker protections (beyond gender), increased detail required in job postings, and strict limits on asking about prior pay. The regulations include the following additions or clarifications:
- Discrimination in pay or career advancement opportunities based on perceived gender or perceived membership in a protected class is prohibited to the same extent as actions based on actual gender or actual membership in a protected class;
- Career advancement opportunities are broadly defined as “formal or informal occasions for an employee to gather additional skills, knowledge, or experience” and include promotions, trainings, classes, mentorships, and special projects;
- When determining whether an employer has committed a pattern of violations (which can result in civil penalties), L&I or a court can look at multiple violations involving a single employee or a single violation affecting multiple employees;
- Asking for a raise is protected alongside other wage inquiries;
- Employers can’t ask about wage history even if the question is optional. If an employer verifies wage history (which is allowed if the worker disclosed it voluntarily or accepted a job offer that included the amount of compensation), the employer cannot reduce the offered wage;
- Job posting requirements are fleshed out (but less thoroughly than in L&I’s Equal Pay and Opportunities Act Administrative Policy, ES.E.1, which will need some modification consistent with SSB 5408 (2025), reported separately in this newsletter, which takes effect on July 27, 2025);
- Employees, former employees, and applicants have four years to file a complaint under the EPOA;
- L&I can investigate without complaints, and it can also require the employer to conduct a self-audit; and
- Remedies can include orders to correct policies and restore jobs, although in order to collect monetary damages, workers must demonstrate that the employer’s violation of the pay transparency requirements in a job posting caused the denial or loss of compensation or other damages.
Tips: While the new regulations largely mirror the EPOA statute, the list of differences above shows why you need to consider statutes and their supporting regulations when analyzing your specific pay equity, career opportunity, job posting, or wage inquiry issue. There are a host of other valuable resources for you to use, including agency administrative guides, manuals, and opinion letters (and don’t forget Vigilant Legal Guides!), most of which need revision to match the laws passed this year. We’re in the process of updating our Legal Guide, Equal Pay: Avoid the Pitfalls, now. If you’re unsure of the resource to use, or if the resource is still accurate, contact your Vigilant Law Group employment attorney.
