Washington Supreme Court Expands Who Can Sue For Pay Transparency

The Washington Supreme Court (Court) held that any person who applies to a job posting that does not comply with the pay transparency requirements of the Washington Equal Pay and Opportunities Act(EPOA) may seek damages under the statute, regardless of whether the individual actually intended to seek employment with the employer. 

The EPOA requires employers to disclose salary, wage, and benefits information in all job postings. The Court held that any person who applies to a job posting that does not properly disclose salary or wage information has standing to sue under the statute. 

The ruling could expose Washington employers with noncompliant job postings to penalties from claims brought by tester applicants who solely seek penalty damages under the EPOA.

Why This Is Important... Many states, including Massachusetts, now have laws that require employers to disclose salary, wage and benefit information in all job postings. If those states adopt the position of the Washington Supreme Court, employers in those states could face lawsuits and class actions from tester applicants. This raises the stakes or compliance with these pay transparency laws.