Colorado Equal Pay for Equal Work Act: Closing the Wage Gap

Quick Answer: Colorado's Equal Pay for Equal Work Act (EPEWA) is one of the nation's strongest pay equity laws. Employers cannot pay employees differently based on sex or gender identity for substantially similar work. The law requires pay transparency in job postings, bans asking about wage history, and requires notifying employees of promotion opportunities. File complaints with CDLE.

Colorado leads on pay equity.

Equal Pay for Equal Work Act

Core Prohibition

Cannot pay differently based on:

• Sex
• Gender identity
• For substantially similar work
• Regardless of job titles

Substantially Similar Work

Defined as:

• Similar skill requirements
• Similar effort required
• Similar responsibility
• Similar working conditions
• Same employer

Permitted Differences

Pay can differ for:

• Seniority system
• Merit system
• Production-based pay
• Geographic location
• Education, training, experience
• Travel requirements
• Other legitimate factors

Pay Transparency Requirements

Job Posting Requirements

All postings must include:

• Compensation or compensation range
• General description of benefits
• For all Colorado jobs
• Internal and external postings

What to Include

Compensation info:

• Hourly rate or salary range
• Bonus potential (if applicable)
• Commission structure (if applicable)
• Benefits overview

Remote Workers

Special rules:

• Jobs that could be performed in Colorado
• Must include pay transparency
• Even if hiring nationally

Wage History Ban

What's Prohibited

Employer cannot:

• Ask applicant's wage history
• Rely on wage history to set pay
• Use wage history as factor
• Require salary disclosure

What Employer CAN Ask

Permissible questions:

• Salary expectations
• What you're looking for
• Compensation requirements
• After offer: verify disclosed info

Voluntary Disclosure

If you volunteer:

• Employer cannot solely rely on it
• Must use other factors
• Cannot penalize for not sharing

Promotion Opportunity Notices

Required Notice

Employer must:

• Notify employees of promotion opportunities
• Before making selection
• Allow employees to apply
• Post internal opportunities

What to Include

Notice should have:

• Position available
• Job requirements
• Compensation range
• How to apply

Timing

Provide notice:

• Reasonable time before decision
• To allow application
• All eligible employees

Record Keeping Requirements

Employer Must Maintain

Records of:

• Job descriptions
• Wage rates
• Wage rate history
• For each employee
• Duration of employment plus 2 years

Why It Matters

Records help prove:

• Pay disparities
• Discrimination patterns
• Compliance or violation

Filing a Complaint

Division of Labor Standards

For EPEWA violations:

• Colorado Dept. of Labor and Employment
• Phone: 303-318-8441
• Website: cdle.colorado.gov

Private Lawsuit

Can also:

• Sue in state court
• Recover damages
• Attorney's fees available

Statute of Limitations

Must file within:

• 2 years of violation
• 3 years if willful
• Act promptly

Damages Available

What You Can Recover

If discrimination proven:

• Back pay (up to 3 years)
• Front pay
• Liquidated damages (equal to back pay)
• Attorney's fees
• Interest

Liquidated Damages

Automatic:

• Double back pay
• Unless employer proves good faith
• Strong deterrent

Proving Pay Discrimination

Prima Facie Case

Show:

1. Paid less than employee of different sex/gender
2. For substantially similar work
3. Under similar conditions

Employer's Burden

Must show:

• Legitimate factor explains difference
• Not sex or gender based
• Factor accounts for full disparity

Your Evidence

Gather:

• Pay information
• Job descriptions
• Comparator information
• Employment records

Discussing Pay

Protected Activity

You can:

• Discuss your pay with coworkers
• Ask others about their pay
• Cannot be retaliated against
• Protected conversation

Employer Cannot

Prohibit or punish:

• Pay discussions
• Sharing salary info
• Asking coworkers about pay

Common Scenarios

Scenario 1: Lower Starting Salary

Situation: Hired at $50,000. Male colleague with similar experience hired at $60,000 for same role.

Analysis: Potential EPEWA violation. Same work, different pay based on sex. Document and file.

Scenario 2: No Pay in Posting

Situation: Job posting says "DOE" instead of actual pay range.

Analysis: Violates pay transparency requirement. Report to CDLE.

Scenario 3: Asked Salary History

Situation: Interviewer asked what you currently make.

Analysis: Wage history question prohibited. Cannot use answer to set pay.

Scenario 4: No Promotion Notice

Situation: Position filled without internal notice. You would have applied.

Analysis: May violate promotion opportunity notice requirement.

Retaliation Protection

Cannot Retaliate For

Protected activities:

• Filing complaint
• Participating in investigation
• Opposing pay discrimination
• Discussing wages

If Retaliated Against

Options:

• File retaliation complaint
• Additional damages
• Strengthens original claim

Frequently Asked Questions

What is substantially similar work?

Work requiring similar skill, effort, responsibility, and working conditions. Not identical, but comparable.

Can employer ask my salary expectations?

Yes. Expectations are different from history. But cannot ask what you currently/previously earned.

Must all job postings include pay?

Yes. Must include compensation range and benefits for all Colorado job postings.

What if I discover I'm paid less?

Document the disparity, file complaint with CDLE, or consult attorney about lawsuit.

Can I discuss pay with coworkers?

Yes. Protected by law. Employer cannot prohibit or retaliate.

How long do I have to file?

2 years (3 if willful) from the pay decision.

Related Topics

• Colorado Wages and Hours
• Colorado Minimum Wage
• Colorado Workplace Discrimination
• Colorado Employment Law Hub

Take Action

If experiencing pay discrimination:

1. Document pay disparities
2. Compare to similar colleagues
3. Gather job descriptions
4. Note employer's stated reasons
5. File complaint with CDLE
6. Consider legal action

Equal pay is the law in Colorado.

Legal Disclaimer

This article provides general information about Colorado equal pay law and is not legal advice. For specific advice, consult a licensed Colorado employment attorney.

For official information:

• Colorado Division of Labor Standards: https://cdle.colorado.gov | 303-318-8441