Equal Pay For Equal Work Act
Colorado’s Equal Pay for Equal Work Act (EPEWA) went into effect on January 1, 2021. The Act amends existing Colorado law and provides new wage discrimination protections to prevent pay disparities.
The intent of the legislation is to close the pay gap in Colorado and ensure that employees with similar job duties are paid the same wage rate regardless of sex or sex in combination with another protected identity status. Sex includes gender identity. The law also strives to bring transparency to promotional decisions made at the university, requiring CSU Pueblo to announce all promotional opportunities before a final decision is made.
What does this mean for CSU Pueblo?
All promotions must be announced for a minimum of three days before promoting an employee. Effective dates cannot be backdated to before the promotional announcement and must follow the university’s standardized hire dates.
Promotional opportunity announcements will be posted at www.colorado.gov/jobs. The purpose of announcing promotional opportunities is to announce to our workforce salary information tied to a position.
Employers are prohibited from asking job candidates about their previous compensation levels.
Supervisors and hiring authorities cannot ask candidates in any manner about current or past salaries. A candidate may be asked what their salary expectation is for the position for which they have applied and are being considered.
Appropriate salary ranges are required to be posted with a job announcement. Ranges are based on the State pay plan for classified employees and market comparisons for similar job/duties for administrative professional and faculty positions.
An appropriate salary range, as well as a general description of benefits/paid holidays, must be included in each job posting. A salary or salary range is required for all job postings. Using the general statement that “pay is commensurate with experience” does not comply with the Act.
Employee benefit information must be included in all job postings.
A general description of employee benefits is required for all job postings. A link is included in all announcements that directs applicants to CSU Pueblo employee benefits information based on employee type.
Definitions
Announcement and posting are used interchangeably for CSU Pueblo’s search process utilized to fill a vacant position.
An announcement is not required for acting or interim positions lasting up to six months. Before hiring someone to hold the position for more than six months, the position must be posted. Interim positions are only permitted to last for up to six months.
A promotion occurs when an employee receives new or different authority, duties, opportunities, responsibilities, benefits, salary, or access to further advancement. A promotional announcement is required when an employee’s current position will undergo any or all of the above changes. Under the Act, all promotional announcements must be made available to all employees on the same calendar day. CSU Pueblo promotional opportunities will be announced for a minimum of three days. Interested current employees must attach a current CV/resume to their online application to be considered for a promotional opportunity that demonstrates they meet the position’s minimum qualifications.
Current employees can access the promotional jobs section of www.colorado.gov/jobs to view and apply for CSU Pueblo promotional opportunities.
Frequently Asked Questions
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To whom does the EPEWA apply?
- The EPEWA applies to all employers and employees in the state of Colorado.
- “Employer” means the state or any political subdivision, commission, department, institution, or school district thereof, and every other person employing a person in the state.
- “Employee” means a person employed by an employer. All employees at CSU Pueblo are covered.
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What does the EPEWA do?
- Prohibits wage discrimination. An employer cannot discriminate between employees on the basis of sex, or on the basis of sex in combination with another protected status, 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 (measured as a composite of skill, effort, and responsibility).
- Prohibits seeking pay history information. An employer cannot ask job candidates about their previous compensation levels. This means supervisors and hiring authorities may not ask candidates in any manner about current or past salaries. Prior wage history may not be used to determine a current salary and may not justify a disparity in the current wage rate.
- Requires pay transparency. Employers cannot prevent their employees from discussing their own salary information with others. An employee may inquire about, disclose, compare, and discuss their salary. An employer may not take any adverse action or retaliate against an employee for seeking salary information or speaking freely about their salary.
- Requires posting job openings and promotional opportunities. Employers are required to post all vacant and new positions and announce promotional opportunities prior to making a promotion decision. (This does not apply to direct hires, which can still occur under the procedures for such hires—external hires only.)
- Requires a salary range and description of benefits on every job posting. Employers must include the hourly or salary rate or range, and a general description of all the benefits and other compensation offered.
- Requires record keeping. An employer must keep records of job descriptions and wage rate history for each employee for the duration of the employment of that employee plus two years after the end of employment.
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Who is leading this effort at CSU Pueblo?
The Office of Human Resources & Institutional Equity is working to effectuate the required changes to ensure CSU Pueblo’s compliance. Please contact HRIE with questions at hr@csupueblo.edu.
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Can I ask about a candidate’s previous wage history when negotiating salary at the time of hire?
- No, the EPEWA prohibits employers from asking candidates about their previous salary. This means supervisors and hiring authorities may not ask candidates in any manner about current or past salaries. They may ask a candidate what their salary expectation is for the position for which they have applied and are being considered.
- Prior wage history may not be used to determine a current salary and may not justify a disparity in a current wage rate.
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Am I able to negotiate a salary that is based on experience?
- Yes, a salary within the range listed on the position announcement may be negotiated.
- An employer may pay more than the listed range if the posted range was the employer’s good-faith and reasonable estimate of the range of possible compensation at the time of posting. Approval to offer greater than the listed salary range is required from the university President (This should be a rare occurrence, and not the rule).
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How will the EPEWA affect job postings?
- An appropriate salary range, as well as a general description of benefits, must be included in each job posting. A salary or salary range is required for all job postings. Using the general statement that “pay is commensurate with experience” does not comply with the EPEWA.
- A link to general benefits information will be included in job announcements based on employee type.
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What is considered a promotional opportunity?
- A “promotional opportunity” exists when an employer has or anticipates a vacancy in an existing or new position that could be considered a promotion for one or more employees in terms of compensation, benefits, status, duties, or access to further advancement.
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What is required for promotions at CSU Pueblo under the EPEWA?
- The EPEWA requires employers to announce an opportunity for promotion to all current employees prior to making a promotion decision.
- All salary increases tied to changes in title, and/or material changes in authority, duties, or opportunities will be posted for a minimum of three days.
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What does this mean for acting or interim appointments?
- An acting or interim appointment is not required to be posted for a position filled on a temporary basis for up to six months when the hiring is not expected to be permanent.
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What can I do if I believe I have a gender pay equity concern?
- If you have a concern, read through and follow the steps shown in the Equal Pay Flowchart.
- If the steps lead you to a possible gender equity issue, please complete, sign, and submit the Equal Pay Inquiry form to hr@csupueblo.edu.
- If the steps lead you to a possible general pay equity or compression issue, seek an individual salary review from the Administrative Professional Compensation Committee, the Faculty Compensation Committee, or Human Resources for Classified employees.
