Are You Entitled to Pay Transparency? Understanding Your Rights Under EPOA

Pay transparency is more than a buzzword; it’s a legal right in Washington state. Thanks to the Equal Pay and Opportunities Act (EPOA), employees and job seekers now have stronger protections against wage discrimination and greater access to salary information. These changes aim to close pay gaps and create a fairer, more equitable workplace.

If you’re wondering what pay transparency means for you, this guide explains your rights under the EPOA, what employers are required to disclose, and what steps you can take if those rights are violated.

What Is Pay Transparency?

Pay transparency refers to the practice of openly sharing wage and salary information. Under Washington law, employers with 15 or more employees must disclose salary ranges and benefits in job postings. This requirement helps job seekers make informed decisions and prevents employers from hiding compensation details that could perpetuate wage inequality.

Key Protections Under the Equal Pay and Opportunities Act

The EPOA provides several important rights for workers and job applicants:

• Salary history privacy: Employers cannot ask for your previous salary or use it to determine your pay.
• Access to wage information: Employees and job seekers can request wage scales for positions they apply for or are promoted into.
• Equal pay for similar work: Employers cannot base pay differences on gender or other protected characteristics.
• Open wage discussions: You have the right to discuss your wages without fear of retaliation.
• Protection from retaliation: Employers cannot punish you for exercising these rights.

If an employer violates these rules, you may be entitled to $5,000 or more in damages, plus attorney’s fees and costs.

What Employers Must Include in Job Postings

Since January 1, 2023, Washington employers with 15+ employees must include:

• Salary or wage range: A clear range such as $50,000 – $75,000 per year or $16 – $20 per hour. Open-ended language like “$50,000 and up” is not allowed.
• Benefits information: A general description of benefits such as medical, dental, vision, and stock options.
• Other compensation: Details about bonuses, commissions, or other perks.

Employers cannot avoid compliance by excluding Washington residents from job listings.

Why Pay Transparency Matters

Pay transparency helps reduce wage gaps, especially for women and marginalized groups. When salary information is hidden, workers often accept lower pay without realizing they’re being underpaid compared to peers. Transparency levels the playing field and promotes fairness in hiring and advancement.

Signs Your Employer May Be Violating the Law

Watch for these red flags:

• Job postings without salary ranges or benefits.
• Requests for your salary history during interviews.
• Pressure to keep wage discussions confidential.
• Retaliation after asking about pay or filing a complaint.

If you notice these issues, document everything and seek legal advice immediately.

What to Do If Your Rights Are Violated

1. Take screenshots: Save job postings that lack salary information.
2. Keep records: Store emails, texts, or messages related to pay discussions.
3. File a complaint: You can report violations to the Washington Department of Labor & Industries (L&I).
4. Contact an attorney: An experienced employment lawyer can help you recover damages and hold employers accountable.

Equal Pay and Career Advancement

The EPOA also prohibits employers from basing career advancement opportunities on gender. Pay differences for similar jobs are only allowed under specific circumstances, such as seniority, merit, or regional cost-of-living differences. Employers bear the burden of proving these factors.

Consequences for Employers Who Violate Pay Transparency Laws

Employers who fail to comply may face:

• Civil penalties and fines.
• Payment of damages to affected employees.
• Attorney’s fees and interest.

Beyond financial consequences, violations can damage an employer’s reputation and lead to legal action.

Why Choose Emery | Reddy, PC

If you believe your employer violated Washington’s pay transparency laws, Emery | Reddy can help. Our team has decades of experience fighting for workers’ rights and securing compensation for wage violations. We offer free case reviews and work on a no-fee-unless-we-recover basis.

Take Action Today

Don’t let your rights be ignored. If you suspect a violation of the EPOA, contact Emery | Reddy for a free case review. Pay transparency isn’t just a policy, it’s your legal right.