Colorado’s Equal Pay for Equal Work Act (the “Act”) (C.R.S. § 8-5-101 et seq.), aims to close gender pay gaps and to ensure employees with “similar job duties are paid the same wage rate regardless of sex.” The Act has two parts. Part 1, referred to by the Division as “Unequal Pay,” requires employers to pay employees equally for substantially similar work regardless of sex. It also prohibits employers from (1) asking about an applicant’s pay history or relying on pay history to determine an employee’s wage rate; (2) discriminating or retaliating against a prospective employee for not disclosing their pay history; (3) not allowing employees to discuss pay; (4) requiring an employee to sign a document that prohibits the employee from discussing pay; (5) retaliating against an employee for using their rights under the Equal Pay Act, including by filing a complaint with this Division; and (6) retaliating against an employee for discussing pay.
Part 2, referred to by the Division as “Pay Transparency,” requires transparency in pay and job opportunities. Specifically, it requires employers to disclose compensation in all job postings and notices, both internal and public. This disclosure must include information about benefits and how and when to apply. Employers must also disclose available job opportunities to all employees and then disclose who was selected to fill the position. In addition, if the employer uses career progressions for certain roles, it must disclose how to advance through career progressions to eligible employees. Finally, employers are required to preserve records of wages and job descriptions.
Complaints
The Division investigates complaints against employers concerning unequal pay and transparency in pay and employment opportunities. If you believe that an employer violated the Act, you may file a complaint with the Division. The Division only accepts complaints in writing using the online or written forms below. You should be complete in your responses and attach any evidence you have to support your claims.
- Unequal Pay Complaints and Tips (Part 1)
If your complaint concerns unlawful unequal pay - when an employee is paid less than another employee of a different sex for performing substantially similar work or any other Part 1 violations listed above - please fill out the Unequal Pay Complaint form:
Anonymous Tips about Unequal Pay
To submit an anonymous tip about unequal pay or any other violation of Part 1, fill out the form below:
Anonymous tips should provide as much information as possible because the Division will not be able to reach back out for follow-up information. If you have files, emails, texts, or pay stubs that you think would be helpful to include, please describe them in the tip and email them to cdle_paygap@state.co.us.
- Pay Transparency Complaints (Part 2)
If your complaint concerns job postings or job opportunity announcements, including when an employer failed to include the required information in a posting or failed to notify employees of job opportunities, please fill out the Equal Pay Transparency Complaint form:
Any person who has witnessed, suffered from, or been injured by a perceived violation can file a complaint for an alleged violation of the Act. If you would like to file anonymously, you may do so by completing the complaint form without including your personal information (Section I) and not signing the form. You can submit anonymous complaints by mail, fax, in person, or via an anonymous email address.
If you have filed a complaint and want an update, you may call the Division to inquire (non-anonymous claims only).
- Resources
Guidance:
- INFO #8: Equal Pay by Sex: The Colorado Equal Pay for Equal Work Act, Part 1 and INFO #9A: Transparency in Pay and Job Opportunities: The Colorado Equal Pay for Equal Work Act, Part 2 can be found on the Division’s Interpretive Notice and Formal Opinions (INFOs) and Other Published Guidance page.
- CDLE Webinar: Equal Pay for Equal Work Act - July 13, 2021 - Please note that this webinar does not include important amendments to the statute that were passed in 2023.
- Fact Sheet: Equal Pay for Equal Work Act Short Fact Sheet 2021 - Please note that this fact sheet does not include important amendments to the statute that were passed in 2023.
- Public Notice / Letter: Applicability to Remote Jobs of Equal Pay for Equal Work Act "Pay Transparency" Requirements
Statute:
Equal Pay for Equal Work Act 8-5-101 et seq. can be found on our Labor Statutes page.
Rules:
The Posting, Screening, and Transparency (POST) Rules (7 CCR 1103-18) and the Statement of Basis and Purpose can be found on the Division’s Labor Rules page.
Decisions:
Published Equal Pay Decisions can be found on our Citation and Appeal Decisions page, by searching for the keywords “equal pay.”
Key Equal Pay Claim Data
Table 1. Claim Summary Data
Table updated: 10.1.2024
Total Complaints filed since January 1, 2021: | 1,747 | |
---|---|---|
Voluntary compliance letters sent to employers before formal investigations: | 458 | |
Cure rate after employer receives voluntary compliance letter: | 73.41% | no decision issued if violation not found, or cured in response to letter |
Formal investigations: | 186 | no decision issued if compliance found before decision would be issued |
Total citations issued: | 20 | decisions listed below |
Citations with fines: | 6 | decisions listed below |
Total fines in all citations: | $238,000.00 | |
Total citation fines after post-citation settlements and waiver: | $132,950.00 | |
Total pre-citation settlements: | 25 | no decision issued due to settlement |
Pre-citation settlement fines: | $96,250.00 |
Table 2. Citation Detail
Table updated: 10.1.2024
Employer | Citation Date | Fine Amount | Fine Amount after Waivers & Settlements | Fine Status | |
---|---|---|---|---|---|
2U, Inc. | 5/25/2021 | $0.00 | N/A | Waived before assessed | |
Advanced Circuits, Inc. | 6/9/2021 | $2,000.00 | $0.00 | Waived after assessed | |
Amp Robotics Corp | 11/4/2021 | $0.00 | N/A | Waived before assessed | |
Argus International Inc. | 4/30/2021 | $0.00 | N/A | Waived before assessed | |
CannonDesign | 5/12/2021 | $0.00 | N/A | Waived before assessed | |
Cardinal Health | Y | 10/1/2021 | $0.00 | N/A | Waived before assessed |
Charles Schwab | 1/28/2022 | $0.00 | N/A | Waived before assessed | |
Decentrix Inc. | 7/16/2021 | $0.00 | N/A | Waived before assessed | |
Dispatch Health | 5/5/2021 | $0.00 | N/A | Waived before assessed | |
DLR Group | 5/10/2021 | $0.00 | N/A | Waived before assessed | |
Eurofins | 5/21/2021 | $0.00 | N/A | Waived before assessed | |
Lockheed Martin | 11/23/2022 | $151,000.00 | $79,500 | Paid | |
Melody Homes, Inc. dba D.R. Horton, Inc. | 5/24/2021 | $0.00 | N/A | Waived before assessed | |
Monigle Associates | Y | 7/8/2021 | $8,000.00 | N/A | Paid |
Premier Inc | 7/14/2021 | $0.00 | N/A | Waived before assessed | |
Spoton Transact LLC | Y | 6/16/2022 | $33,000.00 | $16,500.00 | Paid |
Tesla | 7/6/2021 | $0.00 | N/A | Waived before assessed | |
The Regents of the University of Colorado, a body corporate | 12/21/2023 | $1,000.00 | N/A | Paid | |
12/7/2022 | $43,000.00 | $27,950.00 | Paid | ||
Universal Protection Service, LP dba Allied United | 7/20/2021 | $0.00 | N/A | Waived before assessed |
Contact Us
Colorado Division of Labor Standards and Statistics | 303-318-8441| Contact Us