Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that establishes measures to prevent pay disparities based on sex.

Highlights:

• Prohibits an employer from paying different wage rates to employees based on sex, or sex in combination with another protected status in this act, for substantially similar work (Sec. 4).

• Specifies the following as acceptable reasons for wage rate differences (Sec. 4):

• A seniority system;

• A merit system;

• A system that measures earnings by quantity or quality of production;

• The geographic location of where the work is performed;

• Education, training, or experience, to the extent that they are reasonably related to the work in question; and

• Travel, if the travel is a regular and necessary condition of the work performed.

• Prohibits employers from (Sec. 4):

• Seeking the wage rate history of a prospective employee;

• Using prior wage rate history to justify wage rate disparities;

• Retaliating against a prospective employee because they do not disclose their wage rate history;

• Discharging, disciplining, discriminating against, coercing, intimidating, threatening, or interfering with an employee because they inquire about, disclose, compare, or discuss their wage rate; 

• Prohibiting an employee from disclosing their wage rate as a condition of employment; or

• Requiring an employee to sign a waiver or other document that:

• Prohibits the employee from disclosing information about their wage rate; or

• Claims to deny the right of the employee from disclosing their wage rate information.

• Authorizes an individual aggrieved by a violation of this act to pursue a civil action in district court within two years of the violation, and to seek relief for back pay for the entire duration of the violation for a period of up to three years (Sec. 5).

• Requires an employer to announce, post, or make known all opportunities for promotion to all employees on the same calendar day and before making a promotion decision (Sec. 8).

• Specifies that an employer failing to comply with the preceding highlight is considered one violation (Sec. 8).

• Requires the disclosure of the hourly or salary compensation, or the range of the hourly or salary compensation, and the benefits and other compensation, for each job opening posted by an employer (Sec. 8).

• Specifies that an employer failing to comply with the preceding highlight is considered one violation, regardless of how many postings list the job opening (Sec. 8).

• Requires an employer to keep records of job descriptions and wage rate history for each employee during their employment, in addition to two years following the end of employment in order to determine whether there is a pattern of wage discrepancy (Sec. 8).

• Specifies that this act takes effect January 1, 2021, unless circumstances mandate approval by the people at the general election (Sec. 9)

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendment a bill that establishes measures to prevent pay disparities based on sex.

Highlights:

• Prohibits an employer from paying different wage rates to employees based on sex, or sex in combination with another protected status in this act, for substantially similar work (Sec. 4).

• Specifies the following as acceptable reasons for wage rate differences (Sec. 4):

• A seniority system;

• A merit system;

• A system that measures earnings by quantity or quality of production;

• The geographic location of where the work is performed;

• Education, training, or experience, to the extent that they are reasonably related to the work in question; and

• Travel, if the travel is a regular and necessary condition of the work performed.

• Prohibits employers from (Sec. 4):

• Seeking the wage rate history of a prospective employee;

• Using prior wage rate history to justify wage rate disparities;

• Retaliating against a prospective employee because they do not disclose their wage rate history;

• Discharging, disciplining, discriminating against, coercing, intimidating, threatening, or interfering with an employee because they inquire about, disclose, compare, or discuss their wage rate; 

• Prohibiting an employee from disclosing their wage rate as a condition of employment; or

• Requiring an employee to sign a waiver or other document that:

• Prohibits the employee from disclosing information about their wage rate; or

• Claims to deny the right of the employee from disclosing their wage rate information.

• Authorizes an individual aggrieved by a violation of this act to pursue a civil action in district court within two years of the violation, and to seek relief for back pay for the entire duration of the violation for a period of up to three years (Sec. 5).

• Requires an employer to announce, post, or make known all opportunities for promotion to all employees on the same calendar day and before making a promotion decision (Sec. 8).

• Specifies that an employer failing to comply with the preceding highlight is considered one violation (Sec. 8).

• Requires the disclosure of the hourly or salary compensation, or the range of the hourly or salary compensation, and the benefits and other compensation, for each job opening posted by an employer (Sec. 8).

• Specifies that an employer failing to comply with the preceding highlight is considered one violation, regardless of how many postings list the job opening (Sec. 8).

• Requires an employer to keep records of job descriptions and wage rate history for each employee during their employment, in addition to two years following the end of employment in order to determine whether there is a pattern of wage discrepancy (Sec. 8).

• Specifies that this act takes effect January 1, 2021, unless circumstances mandate approval by the people at the general election (Sec. 9)

Full Bill Text