Lawsuit Challenges Parts of the Equal Pay for Equal Work Act

April 23, 2021

Colorado’s Equal Pay for Equal Work Act, which applies to all Colorado employers, went into effect at the beginning of the year. For an overview of the new law see my earlier post, “Colorado’s Equal Pay for Equal Work Act Becomes Effective January 1” (below).

In December the Rocky Mountain Association of Recruiters filed a complaint in federal district court in Denver challenging two of the law’s provisions, specifically:

• The requirement that all job postings include the hourly or salary compensation (or a range thereof), and a general description of all benefits and;

• The requirement that employers make known all promotion opportunities to their Colorado employees, whether the opportunity is in Colorado or elsewhere.

The Rocky Mountain Association of Recruiters argues that the disclosures required by these two provisions violate the First Amendment and the Commerce Clause of the U. S. Constitution.

The plaintiff filed a motion for a preliminary injunction to stop enforcement of the challenged provisions until the court can hold a trial on the merits of the case. A hearing on the motion was held on April 21, 2021, and a ruling is pending. In the meantime, Colorado employers should continue to comply with the law.

The Colorado Department of Labor and Employment’s rules implementing the Equal Pay for Equal Work Act are here.

The department’s Interpretive Notice & Formal Opinion (INFO) #9 is here.