First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0061.01 Kristen Forrestal x4217
SENATE BILL 23-105
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
C
ONCERNING THE IMPLEMENTATION OF MEASURES TO ENSURE EQUAL101
PAY FOR EQUAL WORK .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law authorizes the director of the division of labor
standards and statistics in the department of labor and employment
(director) to create and administer a process to accept and mediate
complaints, to provide legal resources concerning alleged wage inequity,
and to promulgate rules as necessary for this purpose. The bill changes
these authorizations to requirements.
SENATE SPONSORSHIP
Danielson and Buckner, Coleman, Cutter, Exum, Fields, Gonzales, Hinrichsen, Jaquez
Lewis, Marchman, Rodriguez, Sullivan, Winter F.
HOUSE SPONSORSHIP
Gonzales-Gutierrez and Bacon, Boesenecker, deGruy Kennedy, Froelich, Garcia, Jodeh,
Joseph, Mabrey, Martinez, Michaelson Jenet, Ortiz, Story, Vigil, Willford, Woodrow
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Additionally, the bill requires the director to:
! Investigate complaints or other leads concerning wage
inequity;
! Upon finding of a violation, order compliance and relief;
and
! Promulgate rules to enforce the bill.
The bill also requires an employer to:
! For each job opportunity or promotional opportunity where
the employer is considering more than one candidate,
follow specific guidelines for posting the opportunity;
! For all job opportunities and promotional opportunities,
provide specific information to employees regarding the
candidate selected for the opportunity; and
! For all objectively defined career progressions, disclose the
requirements for career progression and the terms of
compensation, benefits, status, duties, and access to further
advancement.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-5-101, add (1.3),2
(1.5), (5.5), (7.5), and (8.5) as follows:3
8-5-101. Definitions. As used in this article 5, unless the context4
otherwise requires:5
(1.3) "C
AREER DEVELOPMENT " MEANS A CHANGE TO AN6
EMPLOYEE'S TERMS OF COMPENSATION , BENEFITS, FULL-TIME OR7
PART-TIME STATUS, DUTIES, OR ACCESS TO FURTHER ADVANCEMENT IN8
ORDER TO UPDATE THE EMPLOYEE 'S JOB TITLE OR COMPENSATE THE9
EMPLOYEE TO REFLECT WORK PERFORMED OR CONTRIBUTIONS ALREADY10
MADE BY THE EMPLOYEE.11
(1.5) "C
AREER PROGRESSION" MEANS A REGULAR OR AUTOMATIC12
MOVEMENT FROM ONE POSITION TO ANOTHER BASED ON TIME IN A SPECIFIC13
ROLE OR OTHER OBJECTIVE METRICS.14
(5.5) (a) "J
OB OPPORTUNITY" MEANS A CURRENT OR ANTICIPATED15
VACANCY FOR WHICH THE EMPLOYER IS CONSIDERING A CANDIDATE OR16
SB23-105-2- CANDIDATES OR INTERVIEWING A CANDIDATE OR CANDIDATES OR THAT1
THE EMPLOYER EXTERNALLY POSTS .2
(b) "J
OB OPPORTUNITY" DOES NOT INCLUDE CAREER DEVELOPMENT3
OR CAREER PROGRESSION.4
(7.5) (a) "P
ROMOTIONAL OPPORTUNITY " MEANS A CURRENT OR5
ANTICIPATED VACANCY THAT COULD BE CONSIDERED A PROMOTION FOR6
ONE OR MORE EMPLOYEES IN TERMS OF COMPENSATION , BENEFITS,7
FULL-TIME OR PART-TIME STATUS, DUTIES, OR ACCESS TO FURTHER8
ADVANCEMENT.9
(b) "P
ROMOTIONAL OPPORTUNITY " DOES NOT INCLUDE CAREER10
DEVELOPMENT OR CAREER PROGRESSION .11
(8.5) "V
ACANCY" MEANS AN OPEN POSITION , WHETHER AS A12
RESULT OF A NEWLY CREATED POSITION OR A VACATED POSITION .13
SECTION 2. In Colorado Revised Statutes, 8-5-103, amend (1)14
and (3) as follows:15
8-5-103. Enforcement - rules - complaints. (1) (a) The director16
is authorized to
SHALL:17
(I) Create and administer a process to accept and mediate18
complaints and to provide legal resources concerning alleged violations19
of section 8-5-102 and to SHALL promulgate rules as necessary for this20
purpose;21
(II) I
NVESTIGATE COMPLAINTS OR OTHER LEADS CONCERNING22
VIOLATIONS OF SECTION 8-5-102 THAT, IN THE DIRECTOR'S GOOD FAITH23
DISCRETION AND JUDGMENT, WARRANT INVESTIGATION;24
(III) U
PON FINDING OF A VIOLATION OF SECTION 8-5-102, ORDER25
COMPLIANCE AND RELIEF AS AUTHORIZED BY THIS PART 1; AND26
(IV) P
ROMULGATE RULES TO ENFORCE THIS ARTICLE 5.27
SB23-105
-3- (b) FOR THE PURPOSE OF INVESTIGATING A VIOLATION OF THIS1
PART 1, THE DIRECTOR MAY APPLY THE INFORMATION -GATHERING2
PROVISIONS OF THIS PART 1 TO AN EMPLOYER, EMPLOYEE, OR OTHER3
PERSON.4
(c) The process created and administered by the director,5
INCLUDING THE RULES FOR THE INVESTIGATION OF ALLEGED COMPLAINTS6
FOR VIOLATIONS OF SECTION 8-5-102 AND ANY FINES LEVIED OR7
CORRECTIVE ACTION TAKEN BY THE DIRECTOR , does not affect or prevent8
the right of an aggrieved person from commencing a civil action pursuant9
to subsection (2) of this section.10
(3) A person aggrieved by a violation of section 8-5-102 may11
obtain relief for back pay for the entire time the violation continues, not12
to exceed three
SIX years.13
SECTION 3. In Colorado Revised Statutes, amend 8-5-201 as14
follows:15
8-5-201. Employment opportunities - opportunities for16
promotion or advancement - pay rates in job listings. (1) (a) An17
employer shall make reasonable efforts to announce, post, or otherwise18
make known all opportunities for promotion EACH JOB OPPORTUNITY AND19
PROMOTIONAL OPPORTUNITY to all current employees on the same20
calendar day and prior to making a promotion decision THE DATE ON21
WHICH THE EMPLOYER MAKES A SELECTION DECISION .22
(b) T
HE EMPLOYER MUST IN GOOD FAITH DISCLOSE THE FOLLOWING23
IN THE NOTIFICATION OF EACH JOB OPPORTUNITY AND PROMOTIONAL24
OPPORTUNITY:25
(I) T
HE HOURLY OR SALARY COMPENSATION OR THE RANGE OF THE26
HOURLY OR SALARY COMPENSATION ;27
SB23-105
-4- (II) A GENERAL DESCRIPTION OF THE BENEFITS AND OTHER1
COMPENSATION APPLICABLE TO THE JOB OPPORTUNITY OR PROMOTIONAL2
OPPORTUNITY; AND3
(III) F
OR EACH JOB OPPORTUNITY OR PROMOTIONAL OPPORTUNITY4
FOR WHICH THE EMPLOYER IS INTERVIEWING CANDIDATES OR IS EITHER5
INFORMALLY OR FORMALLY CONSIDERING MORE THAN ONE CANDIDATE ,6
THE EARLIEST DATE THE APPLICATION WINDOW WILL CLOSE , WHICH SHALL7
NOT BE LESS THAN FIVE BUSINESS DAYS AFTER THE NOTIFICATION DATE .8
(c) A
N EMPLOYER SHALL CONSIDER , IN GOOD FAITH, THE9
APPLICANTS FOR EACH JOB OPPORTUNITY OR PROMOTIONAL OPPORTUNITY10
THROUGH A COMPETITIVE SELECTION PROCESS .11
(2) An employer shall disclose in each posting for each job
12
opening the hourly or salary compensation, or a range of the hourly or13
salary compensation, and a general description of all of the benefits and14
other compensation to be offered to the hired applicant. MAKE15
REASONABLE EFFORTS TO ANNOUNCE , POST, OR OTHERWISE MAKE KNOWN,16
WITHIN FIVE BUSINESS DAYS AFTER A CANDIDATE WHO IS SELECTED TO17
FILL A JOB OPPORTUNITY OR PROMOTIONAL OPPORTUNITY BEGINS18
WORKING IN THE POSITION , THE FOLLOWING INFORMATION TO THE19
EMPLOYEES WITH WHOM THE EMPLOYER INTENDS THE SELECTED20
CANDIDATE TO WORK WITH REGULARLY :21
(a) T
HE NAME OF THE CANDIDATE SELECTED FOR THE JOB22
OPPORTUNITY OR PROMOTIONAL OPPORTUNITY ;23
(b) T
HE SELECTED CANDIDATE'S FORMER JOB TITLE IF SELECTED24
WHILE ALREADY EMPLOYED BY THE EMPLOYER ;25
(c) T
HE SELECTED CANDIDATE'S NEW JOB TITLE; AND26
(d) I
NFORMATION ON HOW EMPLOYEES MAY DEMONSTRATE27
SB23-105
-5- INTEREST IN SIMILAR JOB OPPORTUNITIES AND PROMOTIONAL1
OPPORTUNITIES IN THE FUTURE, INCLUDING IDENTIFYING INDIVIDUALS OR2
DEPARTMENTS TO WHOM THE EMPLOYEES CAN EXPRESS INTEREST IN3
SIMILAR JOB OPPORTUNITIES OR PROMOTIONAL OPPORTUNITIES .4
(3) F
OR POSITIONS WITH CAREER PROGRESSION , AN EMPLOYER5
SHALL DISCLOSE AND MAKE AVAILABLE TO ALL ELIGIBLE EMPLOYEES THE6
REQUIREMENTS FOR CAREER PROGRESSION , IN ADDITION TO EACH7
POSITION'S TERMS OF COMPENSATION, BENEFITS, FULL-TIME OR PART-TIME8
STATUS, DUTIES, AND ACCESS TO FURTHER ADVANCEMENT .9
(4) N
OTHING IN THIS SECTION REQUIRES AN EMPLOYER TO10
IDENTIFY A SELECTED CANDIDATE FOR A JOB OPPORTUNITY OR11
PROMOTIONAL OPPORTUNITY IN ANY MANNER THAT VIOLATES THE12
CANDIDATE'S PRIVACY RIGHTS UNDER APPLICABLE LOCAL , STATE, OR13
FEDERAL LAW OR IN A MANNER THAT WOULD PLACE AT RISK THE14
SELECTED CANDIDATE'S HEALTH OR SAFETY.15
SECTION 4. Act subject to petition - effective date -16
applicability. (1) This act takes effect at 12:01 a.m. on the day following17
the expiration of the ninety-day period after final adjournment of the18
general assembly; except that, if a referendum petition is filed pursuant19
to section 1 (3) of article V of the state constitution against this act or an20
item, section, or part of this act within such period, then the act, item,21
section, or part will not take effect unless approved by the people at the22
general election to be held in November 2024 and, in such case, will take23
effect on the date of the official declaration of the vote thereon by the24
governor.25
(2) Section 8-5-201, Colorado Revised Statutes, as amended in26
SB23-105
-6- section 3 of this act, applies to promotions, career progressions, and1
career developments that take place on or after the applicable effective2
date of this act.3
SB23-105
-7-