Today, the United States District Court for the District of Colorado issued a long-awaited ruling on a motion to enjoin the recently enacted Colorado Pay Equity Transparency Rules.

These rules were first proposed in September 2020, finalized in November 2020, clarified in December 2020, and became effective January 1, 2021.

They are far reaching. But in short, they require that employers (1) include pay and benefit information in the job posting and (2) provide specific written notices regarding all “promotional opportunities”—including those involving non-competitive “in-seat” promotions for any employee, anywhere in the company—to Colorado employees before making a promotion decision. The Rocky Mountain Association of Recruiters sued to enjoin the new rules. And today the Court denied the injunction.

Upon preliminary review, it seems the decision largely came down to a lack of evidence in support of plaintiff’s arguments. This may open the door for the case to develop the facts on the relative burdens and benefits. So it may not be over yet.

But for now, we expect the Colorado Department of Labor and Employment to continue enforcing these rules. And we’ve already seen these enforcement efforts begin.

We will continue to monitor for additional developments and provide updates as we learn more.

For additional information or to discuss how Colorado’s Equal Pay Transparency Rules might affect your promotional and job posting processes, please contact a Jackson Lewis attorney.

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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.

Photo of Christopher T. Patrick Christopher T. Patrick

Chris Patrick is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. and is a member of the Firm’s Affirmative Action Compliance and OFCCP Defense practice group and Pay Equity resource group.

Chris partners with employers on practical solutions to ensure…

Chris Patrick is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. and is a member of the Firm’s Affirmative Action Compliance and OFCCP Defense practice group and Pay Equity resource group.

Chris partners with employers on practical solutions to ensure equal employment opportunity (EEO), including counseling on affirmative action, pay equity and transparency, and diversity. In short, Chris develops actionable strategies under privilege that identify and eliminate unseen barriers to EEO in personnel practices—often informed by trends in employee data.