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.
There are several components to Colorado’s Equal Pay Act. Some of the provisions are:
- Prohibits wage discrimination by 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:
- A seniority system;
- A merit system;
- A system that measures earnings by quantity or quality of production;
- The geographic location where the work is performed;
- Education, training, or experience to the extent that they are reasonably related to the work in question; or
- Travel, if the travel is a regular and necessary condition of the work performed.
- The Act requires the employer to keep records of job descriptions and wage rate history for each employee for the duration of employment plus two years after the end of employment.
- The Act requires providing notice 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.
- Prohibits using pay history for 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. Discrimination or retaliation against a prospective employee for failing to disclose wage rate history is prohibited.
Boulder campus Human Resources, University Counsel, Data Analytics and campus Executive Leadership are leading the review, analysis, and implementation in this area. Use our Equal Pay Act Questions & Feedback contact form to submit questions and feedback.
Job descriptions and salary history records need to be kept by the employer for the duration of employment plus 2 years after the end of employment. All staff position descriptions are archived to OnBase centrally, so departments don't need to maintain those. Job postings (which also serve as a job description) are also archived by HR through CU Boulder Jobs, including regular faculty and research faculty. Campus hiring departments need to maintain job posting records for jobs that are not posted in CU Boulder Jobs, such as for student assistants. Salary history records will be maintained through HCM and central payroll records.
This is not part of Colorado’s Equal Pay for Equal Work Act. The Act does not require pay ranges and does not dictate where an employee is paid in a range or how salaries are set relative to the external market. The Act requires that employers do 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, unless the pay difference is based on a seniority system; a merit system; a system that measures earnings by quantity or quality of production; the geographic location where the work is performed; education, training or experience to the extent that they are reasonably related to the work in question; or travel, if the travel is a regular and necessary condition of the work performed.
Please visit the campus HR Hiring page for information on job posting requirements.
