Washington Supreme Court Opens Door to Broader Pay Transparency Claims

In a recent article, Duane Morris lawyers discussed the Washington Supreme Court’s recent decision regarding pay transparency in Branson v. Washington Fine Wine and Spirits, which ruled that job applicants are not required to prove they applied in “good faith” or were “bona fide” candidates to obtain remedies under the state’s Equal Pay and Opportunities Act (EPOA).

The ruling substantially broadens potential liability for employers, particularly in class action litigation, by allowing claims even from applicants who had no genuine interest in the posted positions.

The dispute arose after the Washington legislature amended the EPOA in 2022 to mandate wage or salary ranges in job postings, attaching statutory damages of $5,000 per applicant for noncompliance.

This created fertile ground for litigation, as both genuine candidates and serial plaintiffs filed claims.

The Branson plaintiffs alleged that Washington Fine Wine & Spirits failed to include required pay ranges in its postings. A federal court certified to the state’s high court the question of whether an applicant must demonstrate a good-faith interest to recover remedies.

The Supreme Court answered no, relying on the plain meaning of “applicant” and noting that the legislature intentionally omitted the term “bona fide” from this section of the statute.

The majority opinion clarifies that any individual who applies qualifies for remedies, though it left unresolved whether such remedies extend to private litigation or only to administrative proceedings.

Dissenting justices cautioned that the decision may encourage opportunistic lawsuits by “bounty seekers.”

Other issues remain unsettled, including the severity of statutory damages, standing to represent broader applicant groups, and the retroactive application of recent statutory amendments.

For employers, the ruling creates heightened exposure in Washington and signals more litigation ahead. Companies must reassess their compliance practices, ensure pay transparency in job postings, and anticipate continued challenges as courts and legislatures refine the scope of the statute.