Washington's Equal Pay and Opportunity Act (EPOA) is a hot topic in Washington state, with well over 100 class-action lawsuits filed under the law in the past 18 months.
In short, the EPOA requires employers to disclose pay ranges and benefits information in their job postings. The EPOA allows applicants to sue for damages, penalties, and attorneys' fees.
In the proposed EPOA class actions, one of the primary issues is whether an applicant must be a bona fide or good faith individual who intends to gain employment, or if anyone who completes the job application, including those who complete the application for the purpose of filing a lawsuit for damages, can be an applicant.
We may soon get an answer to that question. In Branson, et al. v. Washington Fine Wines & Spirits, LLC, Judge John H. Chun (U.S. District Court for the Western District of Washington) certified a question to the Supreme Court of Washington, which asks the state's highest court to answer the following:
"What must a plaintiff prove to be deemed a ‘job applicant’ within the meaning of RCW 49.58.110(4)? For example, must they prove that they are a ‘bona fide’ applicant?"
The Supreme Court of Washington recently accepted the certified question, and the parties have already completed their briefing. Oral argument on the certified question is February 13, 2025. The next stage of the process is for interested parties, trade groups, and associations to seek the Supreme Court of Washington's approval to...
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