Washington's Prohibition of Gender-Based Pay Discrimination Expands to Other Bases

Aug 14, 2024   Print PDF

By Valerie A. Walker

Washington has expanded the Equal Pay and Opportunities Act (EPOA, CH. 49.58) to apply beyond the realm of gender discrimination. When the EPOA began in 2018, it initially prohibited only gender-based pay discrimination. Effective July 1, 2025, however, this law expanded to prohibit pay discrimination based on membership in any “protected class.”

The EPOA will define protected class to include: 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.

The existing provisions of the EPOA otherwise remain in effect, including the wage/salary disclosure obligations that took effect in 2023, discussed in "Are You Ready for Washington's Pay Transparency Law?." Employers may have already conducted internal pay equity audits responsive to previous EPOA amendments, but to the extent such audits have not occurred or could use an update, employers may consider prioritizing such audits in advance of July 2025.

This document is intended to provide you with general information regarding the EPOA. Please contact a member of the Stokes Lawrence employment group with questions or assistance with compliance regarding the EPOA.