Overview

• In a 6–3 decision in Branson v. Washington Fine Wine & Spirits, the court held that applying to a specific job posting is sufficient to qualify as a job applicant under the EPOA.
• Plaintiffs Lisa Branson and Cherie Burke applied to roles at a Tukwila Total Wine store where postings lacked required wage or salary ranges and benefits details.
• The majority rejected a requirement to prove bona fide or good-faith intent, interpreting “job applicant” by its plain meaning and leaving constitutional challenges for future cases.
• The dissent warned the reading could encourage serial filings and expose employers to expansive class-action liability for technical posting defects.
• July 27 amendments now allow courts to award $100–$5,000 per violation based on factors such as willfulness, repeat conduct, employer size, and deterrence, with a five-day cure period after notice.