Washington Supreme Court Holds There Is No “Good Faith” Requirement for Job Applicants Who Bring Pay Transparency Claims

In a ruling with significant implications for any company soliciting job applicants who work in the State of Washington, the Washington Supreme Court held in Branson v. Washington Fine Wine & Spirits, LLC that job applicants are not required to prove that they applied for a job in “good faith” or that they are “bona fide” applicants to obtain remedies under the state’s Equal Pay and Opportunities Act (“EPOA”). In other words, anyone who applies for a job in Washington (or that can be performed in Washington)—regardless of whether they are qualified or applied for the job in good faith—may seek statutory damages of up to $5,000, plus attorneys’ fees, if the job posting fails to meet Washington’s pay transparency requirements.

Key Ruling: Intent and Qualifications Do Not Matter

In a 6-3 decision, the Washington Supreme Court ruled that any person who applies to a solicitation intended to recruit job applicants for a specific available position in Washington is a “job applicant” for purposes of the EPOA, regardless of the person’s subjective intent in applying for the position.  The applicant does not need to have the qualifications for the position or a genuine intent to be hired to have the legal right to sue if the applicable job posting violates the EPOA.

Under Branson, Washington employers with 15 or more employees can no longer rely on the argument that a plaintiff must be a “bona fide” or “good faith” applicant to maintain a lawsuit.  Critically, the court rejected the argument that only “serious” applicants or those harmed by the lack of pay information should be able to sue.

Notably, the opinion is limited to interpreting the term “job applicant.”  The Washington Supreme Court declined to reach the issue of statutory standing because it was beyond the scope of the certified question, leaving a potential argument open to employers. 

Why This Matters for Washington Employers

Since the EPOA took effect in January 2023, hundreds of class actions have been filed in Washington courts, many of which have been filed by the same handful of named plaintiffs.  The EPOA provides for statutory damages of up to $5,000 per applicant, for each noncompliant posting, plus potential attorneys’ fees.  Damages can quickly add up, particularly for employers who utilize popular online recruiting platforms and receive a large volume of applicants. 

This ruling significantly increases legal exposure for businesses operating in Washington, particularly those that have not updated their job postings to comply with the EPOA.

Employers Have a Short Cure Period to Avoid Liability

Under recent amendments to the EPOA, employers have a limited right to cure noncompliant job postings from July 27, 2025, through July 27, 2027. If an employer corrects the violation within five (5) business days of receiving written notice—and, where applicable, contacts any third-party site to fix the posting—no penalties or damages may be imposed.

Employers must be vigilant about ensuring their job postings comply with the EPOA. Employers should also have a reliable process for responding to written notice of non-compliance to cure deficiencies.

Next Steps for Employers

To avoid becoming the next target of a pay transparency class action, Washington employers should:

• Have an internal compliance team responsible for reviewing all job postings (internally and externally) and developing job posting protocols.

• Train hiring personnel on EPOA requirements.

• Review and update all job postings, especially those on third-party platforms like Indeed and LinkedIn, to ensure they include required pay range information.

• Establish a preferred mechanism of contact (such as an email address) for receiving notices of noncompliance that is included on the company’s website and in all job postings.

• Designate individuals internally who will monitor and respond to notices of noncompliance, including contacting third-party recruitment sites to correct the posting.

• Work with legal counsel to audit existing job postings and hiring practices for compliance gaps.

• Document compliance, including maintaining copies of all job postings and communications with third-party recruiting sites.

If you are unsure whether your postings meet state requirements, do not hesitate to reach out to either Alexandra Shulman or Leah Lively for assistance.