Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to adopt a conference report that amends the state's wage discrimination policy, including assessment of damages and prohibition of retaliation.

Highlights:

• Prohibits and employer from limiting or depriving an employee of career advancement opportunities on the basis of gender (Sec. 4).

• Classifies discrimination in compensation between similarly employed employees on the basis of gender as a misdemeanor (Sec. 3).

• Defines “similarly employed employees” as individuals employed by the same employer in roles that require similar skill, effort, and responsibility and that are performed under similar conditions (Sec. 3).

• Specifies that job titles alone are not indicative of similar employment (Sec. 3).

• Prohibits employers from engaging in policies including, but not limited to, the following (Sec. 5):

• Requiring nondisclosure of wages as a condition of employment; and

• Terminating or retaliating against employees for discussing wages or asking such employer for a reason for such employee’s wages.

• Prohibits an employer from terminating or otherwise retaliating against an employee because such employee has filed a complaint or participated in proceedings resulting from a complaint (Sec. 6).

• Specifies that wage differentials are not considered discrimination when based on factors including, but not limited to, the following (Sec. 3):

• Seniority systems;

• Merit systems;

• Systems which measure earnings by quantity or quality of work; and

• Regional differences in compensation levels.

• Specifies that an individual’s wage or salary history does not constitute a defense to a complaint and that employers carry the burden of proof regarding the above defenses (Sec. 3).

• Requires the director of the Department of Labor and Industries to initiate an investigation upon complain by an employee (Secs. 4 & 7).

• Authorizes the director of the Department of Labor and Industries to initiate an investigation on behalf of other employees after receiving an initial complaint (Secs. 4 & 7).

• Requires the director to attempt to resolve a violation by conference and conciliation (Secs. 4 & 7).

• Authorizes the director, if an agreement is not reached, to issue citation and order the payment of damages including, but not limited to, the following (Secs. 4 & 7):

• Actual damages;

• Statutory damages equal to actual damages or $5,000;

• Interest of 1 percent per month on all compensation owed;

• Civil penalties; and

• Other appropriate relief.

• Requires that damages be calculated from 10 years prior to the date of civil action (Secs. 7 & 8).

• Prohibits localities from adopting ordinances that alter, amend, or supplement the provisions of this act or provide for local enforcement of this act (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that amends the state's wage discrimination policy, including assessment of damages and prohibition of retaliation.

Highlights:

• Prohibits and employer from limiting or depriving an employee of career advancement opportunities on the basis of gender (Sec. 4).

• Classifies discrimination in compensation between similarly employed employees on the basis of gender as a misdemeanor (Sec. 3).

• Defines “similarly employed employees” as individuals employed by the same employer in roles that require similar skill, effort, and responsibility and that are performed under similar conditions (Sec. 3).

• Specifies that job titles alone are not indicative of similar employment (Sec. 3).

• Prohibits employers from engaging in policies including, but not limited to, the following (Sec. 5):

• Requiring nondisclosure of wages as a condition of employment; and

• Terminating or retaliating against employees for discussing wages or asking such employer for a reason for such employee’s wages.

• Prohibits an employer from terminating or otherwise retaliating against an employee because such employee has filed a complaint or participated in proceedings resulting from a complaint (Sec. 6).

• Specifies that wage differentials are not considered discrimination when based on factors including, but not limited to, the following (Sec. 3):

• Seniority systems;

• Merit systems;

• Systems which measure earnings by quantity or quality of work; and

• Regional differences in compensation levels.

• Specifies that an individual’s wage or salary history does not constitute a defense to a complaint and that employers carry the burden of proof regarding the above defenses (Sec. 3).

• Requires the director of the Department of Labor and Industries to initiate an investigation upon complain by an employee (Secs. 4 & 7).

• Authorizes the director of the Department of Labor and Industries to initiate an investigation on behalf of other employees after receiving an initial complaint (Secs. 4 & 7).

• Requires the director to attempt to resolve a violation by conference and conciliation (Secs. 4 & 7).

• Authorizes the director, if an agreement is not reached, to issue citation and order the payment of damages including, but not limited to, the following (Secs. 4 & 7):

• Actual damages;

• Statutory damages equal to actual damages or $5,000;

• Interest of 1 percent per month on all compensation owed;

• Civil penalties; and

• Other appropriate relief.

• Requires that damages be calculated from 4 years prior to the date of last violation prior to civil action (Secs. 7 & 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendment a bill that amends the state's wage discrimination policy, including assessment of damages and prohibition of retaliation.

Highlights:

• Prohibits and employer from limiting or depriving an employee of career advancement opportunities on the basis of gender (Sec. 4).

• Classifies discrimination in compensation between similarly employed employees on the basis of gender as a misdemeanor (Sec. 3).

• Defines “similarly employed employees” as individuals employed by the same employer in roles that require similar skill, effort, and responsibility and that are performed under similar conditions (Sec. 3).

• Specifies that job titles alone are not indicative of similar employment (Sec. 3).

• Prohibits employers from engaging in policies including, but not limited to, the following (Sec. 5):

• Requiring nondisclosure of wages as a condition of employment; and

• Terminating or retaliating against employees for discussing wages or asking such employer for a reason for such employee’s wages.

• Prohibits an employer from terminating or otherwise retaliating against an employee because such employee has filed a complaint or participated in proceedings resulting from a complaint (Sec. 6).

• Specifies that wage differentials are not considered discrimination when based on factors including, but not limited to, the following (Sec. 3):

• Seniority systems;

• Merit systems;

• Systems which measure earnings by quantity or quality of work; and

• Regional differences in compensation levels.

• Specifies that an individual’s wage or salary history does not constitute a defense to a complaint and that employers carry the burden of proof regarding the above defenses (Sec. 3).

• Requires the director of the Department of Labor and Industries to initiate an investigation upon complain by an employee (Secs. 4 & 7).

• Authorizes the director of the Department of Labor and Industries to initiate an investigation on behalf of other employees after receiving an initial complaint (Secs. 4 & 7).

• Requires the director to attempt to resolve a violation by conference and conciliation (Secs. 4 & 7).

• Authorizes the director, if an agreement is not reached, to issue citation and order the payment of damages including, but not limited to, the following (Secs. 4 & 7):

• Actual damages;

• Statutory damages equal to actual damages or $5,000;

• Interest of 1 percent per month on all compensation owed;

• Civil penalties; and

• Other appropriate relief.

• Requires that damages be calculated from 10 years prior to the date of civil action (Secs. 7 & 8).

• Prohibits localities from adopting ordinances that alter, amend, or supplement the provisions of this act or provide for local enforcement of this act (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the state's wage discrimination policy, including assessment of damages and prohibition of retaliation.

Highlights:

• Prohibits and employer from limiting or depriving an employee of career advancement opportunities on the basis of gender, including failing to announce or provide access to advancement opportunities and failing to provide training on the basis of gender (Sec. 4).

• Classifies discrimination in compensation between similarly employed employees on the basis of gender as a misdemeanor (Sec. 3).

• Defines “similarly employed employees” as individuals employed by the same employer in roles that require similar skill, effort, and responsibility and that are performed under similar conditions (Sec. 3).

• Specifies that job titles alone are not indicative of similar employment (Sec. 3).

• Prohibits employers from engaging in policies including, but not limited to, the following (Sec. 5):

• Requiring nondisclosure of wages as a condition of employment; and

• Terminating or retaliating against employees for discussing wages or asking such employer for a reason for such employee’s wages.

• Prohibits an employer from terminating or otherwise retaliating against an employee because such employee has filed a complaint or participated in proceedings resulting from a complaint (Sec. 6).

• Specifies that wage differentials are not considered discrimination when based on factors including, but not limited to, the following (Sec. 3):

• Seniority systems;

• Merit systems;

• Systems which measure earnings by quantity or quality of work; and

• Regional differences in compensation levels.

• Specifies that an individual’s wage or salary history does not constitute a defense to a complaint and that employers carry the burden of proof regarding the above defenses (Sec. 3).

• Requires the director of the Department of Labor and Industries to initiate an investigation upon complain by an employee (Secs. 4 & 7).

• Authorizes the director of the Department of Labor and Industries to initiate an investigation on behalf of other employees after receiving an initial complaint (Secs. 4 & 7).

• Requires the director to attempt to resolve a violation by conference and conciliation (Secs. 4 & 7).

• Authorizes the director, if an agreement is not reached, to issue citation and order the payment of damages including, but not limited to, the following (Secs. 4 & 7):

• Actual damages;

• Statutory damages equal to actual damages or $5,000;

• Interest of 1 percent per month on all compensation owed;

• Civil penalties; and

• Other appropriate relief.

Full Bill Text