Colorado’s Equal Pay for Equal Work Act (SB 19-085), originally introduced on January 17, received its first hearing in the Senate Judiciary Committee on February 20, 2019.

Hearings lasted for over four hours and included passionate testimony from members of the civil rights and business communities. After the dust had settled, the Committee adopted a number of employer-friendly changes to the law, including:

  1. Adding consideration of shift differential to the definition of substantially similar work
  2. Including several additional justifications for wage differential, including geographic location, education, training, and travel to the extent that are reasonably related to the work in question
  3. Eliminating a reposting requirement that would have mandated that if an employer is unable to fill a position at the posted wage rate, it would have to re-publish the job opening at a new rate before hiring for the position
  4. Striking a provision that would have presumed bad faith on the part of an employer who did not appropriately maintain employment records and clarified that liquidated damages will not be awarded for good faith violations of the law
  5. Limiting back pay to three years
  6. Delaying the effective date of the Act until January 1, 2021

Senate Democrats also rejected several amendments, including those that would have removed the employer’s new job wage posting requirement, clarified that an applicant may voluntarily disclose prior wages, and changed the Act to more closely mirror federal law by allowing any factor other than sex as an acceptable reason for wage differences between men and women.

Looking Ahead

After clearing the Senate Judiciary Committee on a 3-2 party-line vote, the Colorado Senate Appropriations Committee will review the minimal fiscal implications of the bill. This will also provide another opportunity for new amendments to be raised and considered. We will continue to monitor this and other equal pay laws as new developments arise.

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.