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CO Equal Pay for Equal Work Act

Effective 1/1/2021: Colorado's (C.R.S. § 8-5-101Ìýet seq.)Ìýamends Colorado law and provides new wage discrimination and employer provisions that differ from federal law and other state equal pay laws. CO's EPEWAÌýapplies to all employers and employees in the state of Colorado, both public and private.

There are several components to Colorado’s Equal Pay Act.ÌýSome of the provisions are:

  1. Prohibits wage discriminationÌýby requiring that an employer shall not discriminate between employees on the basis of sex, or on the basis of sex in combination with another protected status, by paying an employee of one sex a wage rate less than the rate paid to an employee of a different sex for substantially similar work (based on a composite of skill; effort, which may include consideration of shift work; and responsibility), regardless of job title. A wage rate differential is permissible if at least one of the following factors accounts for the entire wage rate differential:

    1. A seniority system;
    2. A merit system;
    3. A system that measures earnings by quantity or quality of production;
    4. The geographic location where the work is performed;
    5. Education, training, or experience to the extent that they are reasonably related to the work in question; or
    6. Travel, if the travel is a regular and necessary condition of the work performed.
  2. The Act requires the employerÌýto keep records of job descriptions and wage rate historyÌýfor each employee for the duration of employment plus two years after the end of employment.
  3. The Act requires providingÌýnotice of job openings and promotional opportunities, including the hourly or salary rate or range, and a general description of all of the benefits and other compensation offered to the hired applicant.
  4. Prohibits using pay historyÌýfor prospective employees by requiring that an employer shall not seek the wage rate history, or rely on the wage rate history, of a prospective employee to determine a wage rate.Ìý Discrimination or retaliation against a prospective employee for failing to disclose wage rate history is prohibited.

Ìý Boulder campus Human Resources, CU Legal Counsel, and campus Executive Leadership are leading the review, analysis, and implementation in this area.ÌýPlease refer to ²ÊÃñ±¦µä's Equal Page for Equal Work Act webpageÌýfor ongoing communication andÌýsubmit questions/feedback using their contact form.