Equal Pay for Equal Work Act

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 (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 other Part 1 violations listed above- please fill out the Unequal Pay Complaint form:

• Unequal Pay Complaint Form (Submit Online)
• Unequal Pay Complaint Form (Printable PDF)

Instructions for Printable Form: 

• Answer all questions on the Unequal Pay Complaint Form. If you are filing on behalf of multiple employees, you may submit multiple forms at once.
• Mail, fax, or email your complaint form, and all supporting documents, to the Division. The supporting documentation you submit should be copies of the original. Do NOT send originals. Please respond promptly to any communications from the Division, and contact the Division immediately if your contact information changes.
   

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: 

Equal Pay for Equal Work Act, Part 2 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: 4.2.2024

Contact Us

Colorado Division of Labor Standards and Statistics | 303-318-8441| Contact Us