Equal Pay for Equal Work Act

The act protects employees against pay discrimination based on sex (including gender identity) — alone or in combination with other protected statuses — for substantially similar work in terms of skill, effort and responsibility, regardless of job title.

The law does allow for pay differences accounting for:

• Seniority
• Merit
• Education, training and experience
• Geographic location
• Travel
• Quantity/quality of production

The law prohibits:

• Seeking or using wage rate history to determine an employee’s wage rate
• Discrimination and retaliation
  • Against prospective employees for failing to display their current pay rate
  • Against current employees because they inquired about, disclosed or discussed their wage rate

The law requires:

• Posting all jobs with the hiring rate or salary range
• Posting all open promotional opportunities (when a vacancy opens in an existing or new position that could be considered a promotion for one or more employees in terms of compensation, benefits, status, duties or access to further advancement)
• Maintaining job description and salary history records

It does NOT require:

• Pay alignment with external market rates
• Pay alignment with other organizations
• Pay alignment across jobs that are not substantially similar based on skill, effort and responsibility

The act applies new notice and record-keeping requirements, and it encourages regular examination of compensation practices.

• All vacant positions must be posted All job postings must include a pay rate or range along with a description of all benefits and compensation
• When extending job offers, an applicant’s pay history cannot be requested nor relied upon to establish a salary offer

A cross-campus project committee has been working to review salaries for pay equity disparities and developing an approach to remediate any identified inequities.

The university’s work to implement the law is not expected to result in widespread salary changes; reducing or eliminating jobs; or changes to an employee’s current job code, working title or job duties. However, the law will require some adjustments to ensure full compliance.

More details will be provided as the committee’s work continues.

• In addition, existing university and campus policies and procedures are being reviewed to ensure compliance with the law.
• All policy changes will be posted.

• Other efforts will ensure all job descriptions are stored and updated.
• A method to track and document experience is being developed. 

Colorado’s Equal Pay Act applies to all employers and employees in the state of Colorado, both public and private. Employer is defined as the state or any political subdivision, commission, department, institution, or school district thereof, and every other person employing a person in the state. Employee is defined as a person employed by an employer.