The Equal Pay and Opportunities Act.
Under the Equal Pay and Opportunities Act (EPOA), it is a misdemeanor for an employer in the state to discriminate in compensation against similarly employed employees based on the employee's gender. The EPOA also prohibits employers from discriminating, based on gender, in career advancement opportunities against similarly employed employees.
Employees are similarly employed if the individuals work for the same employer, the performance of the job requires similar skill, effort, and responsibility, and the jobs are performed under similar working conditions.
It is not considered discrimination if the differential in compensation is based in good faith on a bona fide job-related factor or factors. Bona fide job-related factors may include, but are not limited to:
The bona fide job-related factor or factors must:
The employee may file a complaint with the Department of Labor and Industries (Department). The Department must investigate the complaint and if it determines a violation has occurred, the Director of the Department must attempt to resolve the issue by conference and conciliation. If no agreement is reached, the Department may issue a citation and notice of assessment and order actual damages, statutory damages equal to the greater of actual damages or $5,000, interest, costs and fees, and other appropriate relief, including civil penalties.
The employee may bring a civil action against the employer, in which case the employee's administrative complaint is terminated. The employee may be entitled to actual damages, statutory damages equal to the greater of actual damages or $5,000, interest, and costs and reasonable attorneys' fees. The court may also order reinstatement and injunctive relief. An employee alleging a violation of opportunity for advancement is entitled to relief only if the employer committed a pattern of violations as to the employee or committed a violation through application of a formal or informal employer policy or practice.
The Washington Law Against Discrimination.
The Washington Law Against Discrimination (WLAD) makes it an unfair practice for an employer to discriminate with regard to compensation or other terms or conditions of employment against an employee based on the individual's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
The WLAD applies to employers that employ eight or more persons and does not include any religious or sectarian organization not organized for private profit.
An employee alleging an unfair practice may file a complaint with the Human Rights Commission, which must investigate and attempt to eliminate the unfair practice by conference, conciliation, and persuasion. An employee may also bring a civil cause of action in court to recover actual damages, costs, and reasonable attorneys' fees, and any other appropriate remedy.
The EPOA is amended to include employees who are members of a protected class. Therefore, it is a violation of the EPOA for an employer to discriminate in compensation or career advancement opportunities against similarly employed employees based on the employee's membership in a protected class. A person may bring a claim under the EPOA based on the person's membership in more than one protected class.
Protected class means a person's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, as those terms are defined under the WLAD.
The Department must develop materials and conduct outreach to individuals and businesses on the new provisions related to discrimination based on protected class.
(In support) Women of color experience even more pay disparity. The current equal pay laws would require women with intersectional identities to have to decipher which of their identities was the basis of discrimination. Bringing an action under the Washington Law Against Discrimination is a difficult hurdle. This bill adds protection for workers most impacted and recognizes that intersectionality plays a role in wage inequality. Currently the Department is not allowed under the current equal pay law to investigate claims based on gender and other protected classes.
(Opposed) None.
(Other) The term "protected class" lacks clarity, especially around what sensory disability means and whether the disability exists or is perceived to exist. Employers need time to understand and be prepared. The Department has done two quick sets of rulemaking for the equal pay laws. It would be helpful to have a delayed effective date for more rulemaking and to allow the Department to conduct educational outreach. The Department will need six additional full-time equivalent employees to manage claims.
(In support) None.
(Opposed) None.
(In support) Representative Sharlett Mena, prime sponsor; Cherika Carter, Washington State Labor Council, American Federation of Labor and Congress of Industrial Organizations; Leah White, Washington State Women's Commission; Gabriela Quintana, Economic Opportunity Institute; and Kathleen Barnard, Washington Employment Lawyers Association.