Spencer v. Vera Whole Health Inc
2:24-cv-00337
W.D. Wash.Jul 2, 2024Background
- Shannon Spencer filed a class action in Washington state court against Vera Whole Health, alleging violations of Washington’s Equal Pay and Opportunities Act (EPOA) regarding salary transparency in job postings.
- The job posting Spencer responded to allegedly lacked wage scale or salary range information, as required by the EPOA.
- Spencer claimed he and other applicants lost time and opportunity to evaluate or negotiate pay due to the missing information.
- The case was removed to federal court, where defendants moved to dismiss and Spencer moved to remand.
- The court analyzed whether Spencer suffered a concrete injury sufficient to confer Article III standing.
- Spencer did not allege he was qualified for the job, offered an interview, or engaged in pay negotiations—only that he applied and lost time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Article III standing based on statutory violation (lack of salary info in job posting) | Failure to disclose salary info caused concrete harm and lost opportunity as protected by EPOA | Violation alone isn’t a concrete injury; no actual harm alleged, just a technical/statutory violation | Spencer lacks Article III standing; insufficient injury alleged |
| Injury-in-fact requirement | Lost time and inability to negotiate/pay compare is concrete injury | Plaintiff only lost time applying, no offer/interview or lost opportunity shown | Lost time applying is not a concrete injury under Article III |
| Remand to state court | Removal was improper due to lack of federal jurisdiction | Court lacks subject-matter jurisdiction, so should dismiss | Remand to state court ordered, motion to remand otherwise denied as moot |
| Applicability of EPOA as conferring standing | EPOA intended to protect applicant interests and should allow claims on violation alone | EPOA protects concrete interests, but technical violation doesn’t always equal injury | EPOA protects concrete interests, but no injury pled here |
Key Cases Cited
- Safe Air for Everyone v. Meyer, 373 F.3d 1035 (facial jurisdictional attacks under Rule 12(b)(1))
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (Article III standing requirements)
- TransUnion LLC v. Ramirez, 594 U.S. 413 (concrete injury required for standing)
- Spokeo, Inc. v. Robins, 578 U.S. 330 (statutory violation does not automatically confer Article III standing)
- Warth v. Seldin, 422 U.S. 490 (lack of standing deprives court of subject matter jurisdiction)
- Ariz. Christian Sch. Tuition Org. v. Winn, 563 U.S. 125 (restriction on federal court power to cases or controversies)