August 5, 2019
Senate Bill 19-085, the Equal Pay for Equal Work Act, was signed into law on May 22, 2019, and will be effective January 1, 2021. The Act prohibits employers from discriminating between employees of different genders 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.
The Act will also bar Colorado employers from inquiring into the salary history of a job applicant, relying on prior wage rates to determine compensation, and prohibits discrimination against an applicant for refusing to disclose their salary history.
Additionally, Colorado employers must provide all employees notification of job openings and advancement opportunities, include pay scales on all job postings, and maintain job description records and wage rate history for each employee’s tenure, plus two years.
Colorado joins a growing number of states and municipalities banning salary-history inquiries and implementing equal pay initiatives. Employers may want to review their employment applications; associated forms; employment policies and procedures; and train hiring personnel to ensure compliance.
This information has been prepared by Validity Screening Solutions for informational purposes only and is not legal advice. The content is intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.