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Home » WA Supreme Court says any job applicant can sue over pay transparency

WA Supreme Court says any job applicant can sue over pay transparency

September 8, 2025
TCAJOB Staff

Heads up, employers: Make sure to communicate in job postings how much you’ll pay for positions you’re hiring for – or you could face a steep fine, even from someone you know isn’t a serious candidate. 

The Washington Supreme Court ruled Sept. 4 that anyone can sue a business with 15 or more employees for failing to include wage scales and ranges in job postings as required by state law, even if they are not “bona fide” applicants or applying for the job in good faith, according to a release from the Washington Research Council. 

Including wage information is required under the state’s Equal Pay and Opportunities Act. Under the law, “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.” 

While the court affirmed that even non-serious job candidates can seek those damages, Justice Gordon McCloud dissented, writing that the ruling means “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.” 

State lawmakers did amend the law this year to give businesses the opportunity to amend noncompliant job postings before incurring penalties, though that is currently only available until July 27, 2027.

    Latest News Labor & Employment Legal Workforce & Talent
    KEYWORDS September 2025
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