Are employers allowed to pay employees differently based on their sex?

In Washington, employers are not allowed to pay employees differently based on their sex. This is illegal under federal and state employment discrimination laws. Washington’s Law Against Discrimination (WLAD) specifically prohibits employers from paying an employee any less than another employee of the opposite sex for the same job or for substantially similar work. The Washington State Human Rights Commission also provides additional guidance and protection for employees, stating that an employee should receive the same pay or a higher pay rate for substantially similar work regardless of gender or other protected characteristics. Employers may not base pay differences on factors such as gender, race, or ethnicity. However, there are some exceptions. Employers may consider seniority, merit, quantity or quality of production, or any other factor other than sex. Similarly, they may also pay employees different amounts if they can establish a "bona fide" factor such as education, experience, training, or ability. Ultimately, employers must demonstrate that the pay difference is “job-related and justified by business necessity" in order to be compliant with Washington’s anti-discrimination laws. If an employee believes they are being paid differently than another employee of the opposite sex despite the above exceptions, they may be able to file a claim with the Washington State Human Rights Commission.

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Are employers allowed to pay employees differently based on their sex?

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