Pay transparency/applicants

AN ACT Relating to making technical clarifications by defining 1
"applicant" to support fair and consistent pay transparency 2
enforcement; amending RCW 49.58.110; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that pay 5
transparency in job postings serves an important public purpose in 6
addressing wage disparities and promoting fair compensation 7
practices. The legislature further finds that while employers should 8
be held accountable for willful or repeated violations of pay 9
transparency requirements, the law should not incentivize 10
opportunistic litigation by individuals who have no genuine interest 11
in employment.12
The legislature recognizes that good-faith employers may make 13
inadvertent errors in job postings, particularly given the complexity 14
of multiplatform recruitment and the involvement of third-party job 15
boards. The legislature intends to maintain robust enforcement 16
mechanisms while providing reasonable protections for employers who 17
act in good faith to comply with pay transparency requirements.18
The legislature intends that this act balance the twin goals of 19
ensuring workers have access to wage information necessary to combat 20
pay discrimination while protecting businesses from abusive 21
H-2472.2
HOUSE BILL 2377
State of Washington 69th Legislature 2026 Regular Session
By Representatives Salahuddin, Ybarra, Corry, Schmidt, Barkis, Reed,
Dufault, Leavitt, Low, and Graham
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Labor & Workplace Standards.
p. 1 HB 2377
litigation practices that do not serve the underlying purpose of pay 1
equity. 2
Sec. 2. RCW 49.58.110 and 2025 c 383 s 1 are each amended to 3
read as follows: 4
(1) Required disclosures in postings. 5
(a) The employer must disclose in each posting for each job 6
opening: (i) The wage scale or salary range, except where the 7
employer is offering only a fixed wage amount for the opening, the 8
employer must disclose the fixed wage amount rather than a scale or 9
range; and (ii) a general description of all of the benefits and 10
other compensation to be offered to the hired applicant. For the 11
purposes of this section, "posting" means any solicitation intended 12
to recruit job applicants for a specific available position, 13
including recruitment done directly by an employer or indirectly 14
through a third party, and includes any postings done electronically, 15
or with a printed hard copy, that includes qualifications for desired 16
applicants. "Posting" does not include a solicitation for recruiting 17
job applicants that is digitally replicated and published without an 18
employer's consent. 19
(b) For any postings from July 27, 2025, through July 27, 2027, 20
an employer must be afforded an opportunity to correct a violation of 21
this subsection (1) before a job applicant may seek remedies under 22
subsection (((4) or)) (5) or (6) of this section. Any person may 23
provide written notice to an employer alleging that the employer's 24
posting does not comply with this subsection (1). If an employer 25
receives notice from any person as to a particular posting, this 26
constitutes adequate notice for the duration of that posting for any 27
job applicant seeking remedies under subsection (((4) or)) (5) or (6) 28
of this section. If the employer corrects the posting within five 29
business days of receiving the written notice and, where applicable, 30
contacts any applicable third-party posting entity with a demand to 31
correct the posting, then neither the department nor the court may 32
assess or award penalties, damages, or other relief under this 33
section for the violation. This subsection (1)(b) does not apply 34
after July 27, 2027. 35
(2) Required disclosures for internal transfers and promotions.36
Upon request of an employee offered an internal transfer to a new 37
position or promotion, the employer must provide the wage scale or 38
salary range for the employee's new position, except where the 39
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employer is offering only a fixed wage amount for the new position or 1
promotion, the employer must disclose the fixed wage amount rather 2
than a scale or range. 3
(3) For purposes of this section, "applicant" means a person who 4
applies for a position with a genuine intent to be considered for 5
employment.6
(4) Application. 7
(a) This section only applies to employers with 15 or more 8
employees. 9
(((4))) (b) The remedies available under this section apply to 10
any action or proceeding under this section in which a final judgment 11
has not been entered as of the effective date of this section, 12
regardless of when the cause of action arose.13
(5) Administrative remedies. 14
(a) The director shall investigate if a job applicant or employee 15
files a complaint with the department alleging a violation of this 16
section. If the director determines that a violation occurred, the 17
director shall attempt to resolve the violation by conference and 18
conciliation. If no agreement is reached to resolve the violation, 19
the director may issue a citation and notice of assessment and may 20
order the employer to pay each affected job applicant or employee 21
statutory damages of no less than $100 and no more than $5,000 per 22
violation. If ordering statutory damages, the department shall 23
consider the following when determining the amount of those damages: 24
Whether the violation was committed willfully or the violation is a 25
repeat violation; the size of the employer; the amount necessary to 26
deter future noncompliance; the purposes of this chapter; and any 27
other factor deemed appropriate by the department. In addition to 28
statutory damages, the director may: 29
(i) Order payment of the department's costs of investigation and 30
enforcement to the department; 31
(ii) Assess a civil penalty of up to $500 for a first violation 32
or up to $1,000 for a repeat violation; and 33
(iii) Order actual damages, reinstatement, injunctive relief, or 34
other appropriate relief for an employee injured by a violation of 35
subsection (2) of this section. 36
(b) An appeal from the director's finding or determination may be 37
made in accordance with chapter 34.05 RCW. An employee or job 38
applicant who prevails is entitled to costs and reasonable attorneys' 39
fees. 40
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(c) The department shall deposit civil penalties paid under this 1
section in the supplemental pension fund established under RCW 2
51.44.033. 3
(((5))) (6) Private civil action. 4
(a) A job applicant or employee may bring a civil action against 5
an employer for a violation of this section. Except where they meet 6
the definition of job applicant, an employee's civil action may only 7
be brought pursuant to subsection (2) of this section. A prevailing 8
job applicant or employee is entitled to statutory damages of no less 9
than $100 and no more than $5,000 per violation, plus reasonable 10
attorneys' fees and costs. In determining the amount of statutory 11
damages, the court shall consider the following: Whether the 12
violation was committed willfully or the violation is a repeat 13
violation; the size of the employer; the amount necessary to deter 14
future noncompliance; the purposes of this chapter; and any other 15
factor deemed appropriate by the court. The court may also order 16
actual damages, reinstatement, injunctive relief, and other 17
appropriate remedies for an employee injured by a violation of 18
subsection (2) of this section. 19
(b) The job applicant or employee shall bring a civil action 20
within three years of the date of the alleged violation of this 21
section regardless of whether the job applicant or employee pursued 22
an administrative complaint. Filing a civil action under this 23
subsection terminates the director's processing of the complaint 24
under subsection (((4))) (5) of this section. A job applicant or 25
employee may be awarded damages by the department under subsection 26
(((4))) (5) of this section or the court under subsection (((5))) (6) 27
of this section, but not both. 28
(((6))) (7) Exclusive remedies. 29
The administrative remedies and private right of action under 30
this section constitute the exclusive remedies for violations of this 31
section. The remedies under RCW 49.58.060 and 49.58.070 are not 32
available for violations of this section. 33
(((7))) (8) Rules. 34
The department may adopt rules for purposes of implementing and 35
enforcing this section. 36
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