3/24/26 L&I Updated Policy Outlining Equal Pay and Opportunity Protections

March 24, 2026

The Washington State Department of Labor & Industries (“L&I”) has updated its administrative policy on the Equal Pay and Opportunities Act (the “EPOA”) to align with statutory changes resulting from the passage of Washington’s SHB 1905.  L&I’s ES.E.1 Administrative Policy was published on February 18, 2026, and is available here.

The updated policy outlines which protected classes were added as protected under the EPOA. Specifically, the following characteristics qualify as protected classes: a person’s age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability. The specific definitions of each protected class can be found in RCW 49.60.040.  

As a reminder, the policy reinforces that employers may not limit or deprive employees of career advancement opportunities based on membership, or perceived membership, in a protected class. It also provides guidance on permissible factors employers may consider when making advancement decisions between similarly employed workers.

Additionally, the policy references the extensive job posting requirements that are required of employers under the EPOA. Those job posting requirements can be found in Administrative Policy ES.E.2. (Available here.)

Please contact Nicole Elgin at 503-276-2109 or nelgin@barran.com or Winslow Robinson at 503-276-2103 or wrobinson@barran.com with any questions or for assistance in determining your employment compliance.