2020 Colorado Revised Statutes
Title 8 - Labor And Industry
Article 5. Wage Equality
Section 8-5-102. Wage discrimination prohibited. [Editor's note: This version of this section is effective January 1, 2021.]

(1) An employer shall not discriminate between employees on the basis of sex, or on the basis of sex in combination with another protected status as described in section 24-34-402 (1)(a), by paying an employee of one sex a wage rate less than the rate paid to an employee of a different sex for substantially similar work, regardless of job title, based on a composite of skill; effort, which may include consideration of shift work; and responsibility, except where the employer demonstrates each of the following:

(a) That the wage rate differential is based on:

1. A seniority system;

2. A merit system;

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

4. The geographic location where the work is performed;

5. Education, training, or experience to the extent that they are reasonably related to thework in question; or

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

2. That each factor relied on in subsection (1)(a) of this section is applied reasonably;

3. That each factor relied on in subsection (1)(a) of this section accounts for the entirewage rate differential; and

4. That prior wage rate history was not relied on to justify a disparity in current wagerates.

(2) An employer shall not:

1. Seek the wage rate history of a prospective employee or rely on the wage rate historyof a prospective employee to determine a wage rate;

2. Discriminate or retaliate against a prospective employee for failing to disclose theprospective employee's wage rate history;

3. Discharge, or in any manner discriminate or retaliate against, an employee for invoking this section on behalf of anyone or assisting in the enforcement of this subsection (2);

4. Discharge, discipline, discriminate against, coerce, intimidate, threaten, or interferewith an employee or other person because the employee or person inquired about, disclosed, compared, or otherwise discussed the employee's wage rate;

5. Prohibit, as a condition of employment, an employee from disclosing the employee'swage rate; or

6. Require an employee to sign a waiver or other document that:

1. Prohibits the employee from disclosing wage rate information; or

2. Purports to deny the employee the right to disclose the employee's wage rate information.

Source: L. 55: p. 503, § 2. CRS 53: § 80-23-2. C.R.S. 1963: § 80-3-2. L. 2019: Entire section amended, (SB 19-085), ch. 247, p. 2413, § 4, effective January 1, 2021.

Editor's note: Section 9(2) of chapter 247 (SB 19-085), Session Laws of Colorado 2019, provides that the act changing this section applies to violations that occur on or after January 1, 2021.

Cross references: (1) For minimum wages for workers, see article 6 of this title.

(2) For the short title ("Equal Pay for Equal Work Act") and the legislative declaration in SB 19-085, see sections 1 and 2 of chapter 247, Session Laws of Colorado 2019.