Jurisdiction Equal Pay Law Protected Class(es) Type of Work Compared Permissible Factors for Pay Differential Salary History Inquiries Permitted? CO Colorado Sex or sex in combination with disability, race, creed, color, sexual orientation, gender identity, gender expression, religion, age, national origin, or ancestry Substantially similar work, regardless of job title, based on a composite of skill, effort, and responsibility. If based on a seniority system; a merit system; a system that measures earnings by quantity or quality of production; the geographic location where the work is performed; education, training or experience reasonably related to the work in question; and travel, if the travel is a regular and necessary condition of the work performed. Employers relying on these factors must also demonstrate they are applied reasonably, account for the entire wage rate differential, and that prior wage history was not relied on to justify a disparity in current wage rates. No. Employers may not inquire about a prospective employee’s wage history or rely on a prospective employee’s wage history to determine a wage rate. Employers are also prohibited from discriminating or retaliating against a prospective employee for failing to disclose such wage history. 7 | 50 STATE EQUAL PAY REFERENCE GUIDE AS OF NOVEMBER 2024
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