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In addition to prohibiting pay discrimination based on sex, the EPEWA forbids pay inequities based on sex plus another protected status, including disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry. In order to ensure compliance with the new law when it takes effect on January 1, 2021, Colorado employers should, at a minimum: The EPEWA can be read in its entirety here. The new law will prohibit employment discrimination on the basis of sex, which includes gender identity, or sex in combination with another protected status, by paying employees of different sexes differently for substantially similar work. We will continue to update you on any changes. The Equal Pay for Equal Work Act (“EPEWA”) aims to “help close the pay gap in Colorado and ensure that employees with similar job duties are paid the same wage rate regardless of sex, or sex plus another protected status.” Employers may state that applications are open only to those with certain qualifications. This article summarizes Senate Bill 19-085, Colorado’s Equal Pay for Equal Work Act. An employee is not required to exhaust these administrative remedies and may instead opt to immediately commence a civil action by filing a claim in a Colorado district court. The General Assembly further determined that eliminating the wage gap would result in working women earning, on average, $7,000 more per year, and between $400,000 and $1 million more over the course of a lifetime. with the specific goal of identifying and remedying unlawful pay disparities.” Consequently, performing such an audit can help mitigate any civil damages if a violation is found to have occurred. Administrative options include availing oneself of any mediation process established and administered by the Director of the Division of Labor Standards and Statistics or filing a charge with the Colorado Civil Rights Division. Denver, Colo. (June 17, 2019) – On Wednesday, May 23, 2019, Colorado Governor Jared Polis signed into law Senate Bill 19 085, which imposes new, stringent obligations on Colorado employers as to hiring practices, promotion procedures, and record-keeping requirements. The EPEWA includes new employer notice and record-keeping requirements, along with prohibitions regarding applicant wage history. First, the Act prohibits employers from discriminating between employees on the basis of sex, or on the basis of sex in combination with another protected status. Posting is required when the need for confidentiality ends and where the employer informs any employees of the opportunity. An employer is further liable for additional “liquidated damages” (damages meant to compensate an employee for the delay in receiving amounts due as a result of a violation) equaling the economic damages, unless the employer can establish that the violation was in “good faith,” as defined in the following section. 3. Travel, if the travel is a regular and necessary condition of the work performed. The adopted rules say that the promotional posting requirements do not apply to employees entirely outside of Colorado. The Colorado Department of Labor and Employment last month published a set of proposed Equal Pay Transparency Rules to be discussed at a public hearing Monday. Employers cannot seek the salary history of a prospective employee or rely on their wage history for determining their new rate. Neither the Act nor the proposed rules defined promotional opportunity. An employer acts in “good faith” with respect to the violation when it has … If an employer chooses to post promotional opportunities rather than notifying each employee, the posting must be displayed “in an establishment where employees work” or in a conspicuous location where it can easily be seen by workers, such as a break room, employee bulletin board or next to entrances or time clocks. All rights reserved. If you have any questions or concerns, or seek consultation on how to comply with the provisions of this Act, reach out to one of the Colorado offices of Lewis Brisbois Bisgaard & Smith, located in Denver or Colorado Springs. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Suflas predicted there will be some changes to the rules after the business community offers input. On November 10, 2020, the Colorado Department of Labor and Employment’s (CDLE) adopted Equal Pay Transparency (EPT) Rules, interpreting the requirements of the Colorado Equal Pay for Equal Work Act (EPEW Act) taking effect January 1, 2020.

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