Legislature passes expansion of Equal Pay & Opportunity Act

The Legislature has passed a major expansion of the state’s Equal Pay & Opportunity Act. The bill is now on the Governor’s desk awaiting signature. The bill originally passed the House on February 8 on a 63-34 vote, then passed the Senate on February 27 with a 36-13 vote.

HB 1905 was sponsored by Rep. Sharlett Mena (D–Tacoma) and expands the Equal Pay & Opportunity Act (EPOA) to cover all “protected classes,” including gender, rather than only cover workplace discrimination against women specifically. The bill defines “protected class” to include age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, veteran or military status, physical or mental disability, and the use of trained service animal by a disabled person.

The bill makes the following changes:

• Adjusts the language of the EPOA to prohibit gender-based and protected class-based discrimination against a person in workplace compensation and workplace advancement opportunities.
• Creates a private right of action, permitting employees to bring a civil action under the EPOA for alleged violations.
• Requires the Department of Labor & Industries (L&I) to develop educational materials related to the expansion of the EPOA. HB 1905 is effective July 1, 2025.

The current EPOA law was passed in 2018 and makes it a misdemeanor for an employer to discriminate against an employee in compensation or workplace advancement opportunities due to their gender. It also establishes penalties for violations. Discrimination is determined by evaluating pay or advancement disparities between similarly employed people working for the same employer. Disparities in pay or job advancement are not considered discrimination if they are for bona fide job-related factors like education, training, experience, seniority, merit, productivity, and regional differences in compensation, among others. Under current law, the EPOA is enforced by L&I, though an employee can bring a civil action against an employer with a pattern or practice of discrimination against the employee, or with a formal or informal policy of discrimination in violation of the EPOA.