SEATTLE, Wash. – Employers in Washington are advised to ensure that job postings include wage information to avoid potential penalties.
The Washington Supreme Court ruled on September 4 that businesses with 15 or more employees can be sued for not including wage scales and ranges in job postings, as mandated by the state’s Equal Pay and Opportunities Act. This applies even if the person suing is not a genuine job applicant, the Washington Research Council said in a release.
Including wage information is required under the state’s Equal Pay and Opportunities Act. The law states, “a job applicant or employee may bring a civil action against an employer for a violation of this section. A prevailing job applicant or employee is entitled to statutory damages of no less than $100 and no more than $5,000 per violation, plus reasonable attorneys’ fees and costs.”
Justice Gordon McCloud dissented, expressing concerns that the ruling allows individuals to collect damages without genuine intent to gain employment. McCloud wrote, “any person who submits a job application in response to a noncompliant posting is entitled to $5,000 worth of statutory damages – even if that person’s sole intent is to collect a damages award, not to redress any personal harm and not to obtain an offer of employment.”
In response, state lawmakers amended the law this year to allow businesses to correct noncompliant job postings before facing penalties. This amendment is in effect until July 27, 2027.
