Protected Speech in the Workplace: Right to Inquire About and Discuss Wages in the Workplace Under RCW 49.58.040
Title 49.58 RCW, also known as the Washington State Equal Pay Act, creates a number of key protections for Washington State employees, including pay equality regardless of race or gender. Key to the Act is the statute that specifically protects communications by employees regarding pay equity. Generally speaking, under the Act employees have the right to inquire about and discuss wages in the workplace.
The key part of the subject statute provides as follows:
1) An employer may not discharge or in any other manner retaliate against an employee for:
(a) Inquiring about, disclosing, comparing, or otherwise discussing the employee's wages or the wages of any other employee;
(b) Asking the employer to provide a reason for the employee's wages or lack of opportunity for advancement; or
(c) Aiding or encouraging an employee to exercise his or her rights under this section.
RCW 49.58.040. Another related statute prohibits retaliation by the employer against an employee for exercising the right to discuss or inquire into pay. RCW 49.58.050. In addition to an administrative enforcement mechanism, the Act also provides a private right of action for actual damages, attorneys’ fees, and prejudgment interest:
an employee may bring a civil action against an employer for violation of [RCW 49.58.040] for actual damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys' fees. The court may also order reinstatement and damages; statutory damages equal to the actual damages or five thousand dollars, whichever is greater; interest of one percent per month on all compensation owed; and costs and reasonable attorneys' fees. The court may also order reinstatement and injunctive relief. . . [.]
Id. The protection of the right to discuss wages promotes the policies of wage equity as it allows a free exchange of information among employees and from employers to employees. Open communication about wages fosters transparency and ensures that everyone is treated fairly and provides the employee with enforceable recourse against the employer in the event those rights are not protected. See Harvey-Buschel v. University of Washington, .2022 WL 1078575 (Federal Supp. 2022) (The EPOA precludes employers from retaliating against an employee for “inquiring about ... the employee's wages or the wages of any other employee” or “asking the employer to provide a reason for the employee's wages or lack of opportunity for advancement.”)