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Equal Pay for Equal Work Act

Colorado Equal Pay for Equal Work Act

The Colorado Equal Pay for Equal Work Act (EPEW) became effective January 1st, 2021.

The Act was passed to correct pay disparities based on sex or sex combined with another protected status.  It is designed to prohibit employment discrimination by paying an employee of one sex a wage rate less than the rate paid to employees of a different sex performing substantially similar work.

While there has been a federal Equal Pay Act for decades, that hasn't’t completely solved the gender pay gap. The EPEW Act is an effort to further our progress in that regard.

The Act requires employers to make some of these changes:

  • Employers must post all job and promotional opportunities (internally at a minimum)
  • Employers may no longer make direct appointments into vacant positions
  • Employers may no longer ask job candidates for their current pay or pay histories
  • Employees may not use prior pay history (if it is known) in determining a wage rate
  • Employers may not prohibit employees from discussing their own wage rate
  • Employers may not take action against an employee for asserting their rights under this new law
  • Employers must keep records of employee wage rates and job descriptions for at least two years after termination
  • Employers must disclose pay and benefit information in job postings

 

You may see the Act at:  https://leg.colorado.gov/bills/sb19-085

 

Employers may differentiate in wages if the difference is based on one or more of the following factors:

  • A seniority system (used at CC, particularly for faculty advancement)
  • A merit system (used at CC, which can explain differences in pay for people who have been eligible for merit for a longer time)
  • A system that measures earnings by quantity or quality of production (generally not used at CC)
  • The geographic location where the work is performed (generally not used at CC)
  • Education, training, or experience to the extent that they are reasonably related to the work in question (used at CC for most offers)
  • Travel, if the travel is a regular and necessary condition of the work performed (used occasionally at CC)

We will schedule small group Zoom calls to answer questions.  Look for the announcements in Today at CC.

 

Frequently Asked Questions

Q:  Do I have to post jobs for Occasional workers?

A:  Yes, all jobs and promotional opportunities have to be posted at minimum, internally.

Q:  Can I promote an employee into another open position?

A:   You cannot make a direct appointment or direct promotion but, after meeting the posting requirements, you may choose a current employee for an available opportunity. 

Q: How are employees notified of internal opportunities?

A: Use your CC login to join and view the Internal Job Board. Internal opportunities will be posted there as they become available. External opportunities will continue to be posted on the main CC Job Board.

Q: How long does a position or a promotion have to be posted on the internal job board ?

A: A minimum of five days.  It can also be posted for a longer time or ‘until filled’ if you prefer.

Q: Do I have to post a job if I am recruiting a temporary worker from an outside temporary agency ?

A: No, you do not have to post a temporary job if you are hiring a temporary worker from an outside temporary agency.

Q: Do I have to post jobs for temporary workers?

A: It depends.  If the temporary assignment will last less than six consecutive months and you already have a temp worker identified the job will not need to be posted.  If it goes six months or more then it will need to be posted.

Report an issue - Last updated: 03/19/2021