Official Text and Analysis.

Updates the existing state equal pay act to address income disparities, employer discrimination, and retaliation practices, and to reflect the equal status of workers in this state. Provides that this act is null and void if appropriations are not approved.

Specifies that for purposes of the job-related factor defense, the factors are explicitly not limited to education, training, or experience.

Provides that the persons being compared are employees, rather than individuals, and are employees of the same employer.

Specifies that nothing in the provisions regarding wage and related discussions permits an employee to violate the 8 Washington Industrial Safety and Health Act (WISHA) or WISHA rules.

Adds defense of a bona fide regional difference in compensation levels. Requires the difference to be consistent with business necessity, not be based on or derived from a gender-based differential, and account for the entire differential (same requirements as for the job related factor defense).

Strikes the administrative remedies. Modifies the private cause of action to: allow damages for lost wages, rather than actual damages; provide that statutory damages are available only if the employer's action was deliberate and in bad faith and are equal to the actual damages (rather than the greater of $5,000 or the actual damages).

Strikes the section prohibiting discrimination in providing employment opportunities based on gender. Strikes the provision in wage and related discussion section prohibiting 10 retaliation for asking the employer to provide a reason for the 11 employee's lack of employment opportunities.

The third reading of the bill.

Modifies the Equal Pay Act by defining "similarly employed," referring to gender, modifying defenses, providing an administrative remedy, and making other changes.

Provides that a local government may not: create a gender pay equity program that alters or amends the provisions of 14 the bill for a private employer, provide for local enforcement of the provisions of the bill, or require private employers to 15 supplement the requirements or benefits provided under the bill.

Modifies the examples of discrimination in career advancement opportunities by changing "failing to announce or provide" opportunities to failing to provide "information" about opportunities and striking the failure to provide training that is under the employer's control.

Changes the look back period for the calculation of wages and interest from four years to three years.

Provides that an employee who files an administrative 5 complaint preserves the right to a private right of action by providing written notice to the Department of Labor and Industries 6 (Department) within 10 days after receiving the citation and notice 7 of assessment. Provides that if the employee terminates the administrative action, the Department must discontinue its action 8 and vacate a citation and notice of assessment. Provides that the 9 citation and notice of assessment and related information are not admissible in another proceeding. Provides that the provisions do 10 not limit or affect other rights.

Modifies the examples of discrimination in career advancement opportunities by changing "failing to announce or 7 provide" opportunities to failing to provide "information" about 8 opportunities and striking the failure to provide training that is under the employer's control.

Changes the time period from which wages and interest owed must be calculated to 3 years.

Prohibits local governments from enacting ordinances or regulations altering or amending the provisions of this chapter for private employers, providing for local enforcement, or requiring private employers supplement the requirements or benefits or to take or refrain from actions beyond the requirements of the chapter.

(1) Modifies prohibition on an employer limiting or depriving an employee of career advancement opportunities. (2) Provides that the statute of limitations is three years, and that the date for the wage recovery calculation is ten years prior to the date commencing wage recovery. (3) Prohibits local governments from creating a gender pay equity program in conflict with this act for private employers; from local enforcement of this act; and from supplementing the requirements of this act.

House refused to concur in Senate amendments.