9/16/24: Washington L&I Releases Draft Rules on Amendment to Equal Pay and Opportunities Act
September 16, 2024
By Nicole Elgin & Hannah LaChance
The Washington State Department of Labor & Industries (L&I) published a draft of its administrative rules on Washington’s Equal Pay and Opportunities Act (EPOA) and is accepting comments on the draft until September 27th, 2024. The administrative rules were drafted in light of SB 1905, which amended the EPOA to protect against pay discrimination based not only on gender, but also discrimination based on status as a member of a protected class.
According to SB 1905 and the draft administrative rules, “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…” The proposed administrative rules protect not only membership in a protected class but also perceived membership in a protected class.
While the current rules are only in draft form, Washington employers should keep an eye out for the final rules and prepare to make any necessary changes to their policies. Employers can also submit comments during this rulemaking period or attend stakeholder meetings with the Department of Labor & Industries.
For any questions about pay equity laws or takeaways for your workplace’s specific labor relations needs, contact Nicole Elgin at 503-276-2109 or nelgin@barran.com.
Click to access a PDF of this E-Alert.
Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. E-Alerts are not intended as legal advice, but as employment law, labor law and employee benefits announcements. If this has been forwarded to you, and you would like to receive Electronic Alerts directly, call 503-276-2115 or email clientservices@barran.com. Copyright © 2024 by Barran Liebman LLP.