Are You Being Paid Less Than a Coworker? You May Have a Case Under the Equal Pay and Opportunities Act

Are you being paid less than a coworker who performs the same job? If so, your employer may be violating Washington’s Equal Pay and Opportunities Act (EPOA), a powerful law designed to protect workers from unfair wage practices and promote wage transparency.

At Emery | Reddy, PC, we represent workers who’ve been shortchanged, misled, or retaliated against for speaking up about pay disparities. If you suspect you’re being paid less because of your gender, race, or other protected characteristics, or if your employer is keeping salary information secret, it’s time to understand your rights.

What Is the Equal Pay and Opportunities Act?

Washington’s EPOA, originally passed in 1943 and significantly updated in 2018, is one of the strongest wage equity laws in the country. The law provides:

• Salary history privacy,
• Access to wage and salary information for employees and job seekers,
• Equal pay and career advancement opportunities,
• Open wage discussions, and
• Protection from retaliation.

With the rise of wage transparency laws across the U.S., Washington has taken a leadership role in making pay more equitable, but many workers still don’t realize when their rights are being violated.

Do You Perform Similar Work to a Coworker But Earn Less?

One of the most common signs of an EPOA violation is when two employees with comparable jobs are paid unequally — and that disparity is tied to gender or other bias.

The law defines “similarly employed” as workers who do substantially similar work, when considering:

• Skill required
• Effort put in
• Responsibility handled
• Working conditions

Job titles alone don’t matter. If your daily duties, responsibilities, and skill sets align with a coworker’s, but you’re paid significantly less, it may be time to seek legal advice.

What Is Wage Transparency, and Why Does It Matter?

Wage transparency is the idea that workers should have access to salary ranges, either during the hiring process or while working. Washington’s EPOA now requires employers with 15+ employees to disclose wage and benefit information in all job postings.

That means:

• You have the right to know how much a position pays before applying.
• You can request wage scale and benefits info for a job you’re being promoted or transferred into.
• Your employer cannot prohibit you from discussing your salary with coworkers.

If your company refuses to post salary ranges or threatens you for talking about pay, it’s violating the law.

Signs Your Employer May Be Violating the Equal Pay and Opportunities Act

Watch for these red flags in the workplace:

• You discover a male coworker doing the same job earns more than you.
• Promotions come with vague or secretive salary terms.
• Job listings from your company don’t include pay ranges.
• HR discourages or disciplines workers for discussing wages.
• You were retaliated against after asking why you’re paid less.
• You feel pressured not to ask about compensation during hiring or promotion.

Any of these could indicate a wage transparency or discrimination issue. Employers are required by law to explain legitimate, non-discriminatory reasons for pay differences and failure to do so could expose them to legal action.

What to Do If You Suspect a Pay Violation

If you believe your rights under Washington’s EPOA have been violated, take these steps:

1. Document the pay disparity.
   Write down what you know about your pay and your coworker’s pay. Gather job descriptions, emails, or other records.
2. Request wage information in writing.
   Under state law, you’re allowed to ask your employer for the wage scale or salary range for your position or promotion.
3. Avoid discussing this with management before getting legal advice.
   Many employers act quickly to protect themselves, and not always in your best interest.
4. Contact an experienced employment law firm.
   An L&I Attorney at Emery | Reddy can assess your situation and help you pursue fair compensation.

Why You Need a Wage Transparency Lawyer on Your Side

Navigating wage discrimination claims can be complex. Employers may offer weak justifications, deny access to records, or intimidate employees into dropping complaints. An experienced L&I Attorney can:

• Investigate your claim and build a case using internal records and public salary data.
• Negotiate with your employer for a fair settlement.
• Represent you in court or before the Washington Department of Labor & Industries.
• Protect you from retaliation or wrongful termination.

You deserve to know if you’re being treated — and paid — fairly. And if you’re not, you deserve someone in your corner.

Protect Your Rights

The Equal Pay and Opportunities Act is more than just a set of guidelines — it’s a powerful legal tool to fight wage discrimination and demand fairness. But too many Washington workers are still paid unfairly and kept in the dark about their rights.

If you suspect you’re being underpaid or retaliated against for asking about your compensation, don’t wait. Contact Emery | Reddy today for a Free Case Review and take the first step toward reclaiming the wages and respect you deserve.