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Colorado Rights Blog

SB19-085:Equal Pay For Equal Work Act

Women’s Rights
Bill Number: SB19-085
Year: 2019
ACLU Position: Support
Sponsors: J. Buckner/ S. Gonzales-Gutierrez /J. Danielson / B. Pettersen

Description:

The bill removes the authority of the director of the division of
labor standards and statistics in the department of labor and employment
(director) to enforce wage discrimination complaints based on an
employee’s sex and instead permits an aggrieved person to bring a civil
action in district court to pursue remedies specified in the bill.
The bill allows exceptions to the prohibition against a wage
differential based on sex if the employer demonstrates that a wage
differential is based upon one or more factors, including:
• A seniority system;
• A merit system; or
• A system that measures earnings by quantity or quality of
production.
The bill prohibits an employer from:
• Seeking the wage rate history of a prospective employee;
• Relying on a prior wage rate to determine a wage rate;
• Discriminating or retaliating against a prospective
employee for failing to disclose the employee’s wage rate
history; and
• Discharging or retaliating against an employee for actions
by an employee asserting the rights established by the bill
against an employer.
The bill requires an employer to announce to all employees
employment advancement opportunities and job openings and the pay
range for the openings. The director is authorized to enforce actions
against an employer concerning transparency in pay and employment
opportunities, including fines of between $500 and $10,000 per violation.


Current Status:

Introduced In Senate - Assigned to Judiciary (01/17/2019)



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