Colorado Equal Pay/Comparable Worth laws & HR compliance analysis

Colorado Equal Pay/Comparable Worth: What you need to know

The Colorado Equal Pay Law prohibits all employers from discriminating in the amount or rate of employees' wages solely on the basis of an employee's sex (CO Rev. Stat. Sec. 8-5-101 et seq.). Additionally, the Colorado Anti-Discrimination Act prohibits employers from discriminating in matters of compensation against any person on the basis of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry (CO Rev. Stat. Sec. 24-34-401 et seq.).
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Wage disclosure. The Anti-Discrimination Act also makes it unlawful for an employer to:
• Discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person who has inquired about, disclosed, compared, or otherwise discussed the employee's wages.
• Require nondisclosure by an employee as a condition of employment.
• Require an employee to sign a waiver or document that denies the employee the right to disclose wage information (CO Rev. Stat. Sec. 24-34-402).
The provision applies to all employers, regardless of size.
Under the Lilly Ledbetter Fair Pay Act of 2009, the federal fair employment laws were amended so that each paycheck affected by an employer's prior discriminatory practice or decision constitutes an unlawful discriminatory act that triggers a new deadline for filing a pay discrimination claim. An employee alleging discrimination must be able to show that the paycheck or other compensation was affected by a past discriminatory act.
The Colorado Division of Labor enforces the Equal Pay Law. Employers found to be in violation may be ordered to pay the complaining employee the difference between the wages actually received and the amount the ...

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