Parties Stipulate to Dismissal of Legal Challenge to Colorado Equal Pay for Equal Work Act

On July 6, 2021, the parties to a lawsuit challenging the Colorado Equal Pay for Equal Work Act (CEPEWA) filed a stipulation to dismiss the action without prejudice, with the litigants bearing their own costs and attorneys’ fees. On July 7, 2021, the case was terminated pursuant to the stipulation of dismissal.

The Rocky Mountain Association of Recruiters (Rocky Mountain) filed its lawsuit at the end of 2020, challenging the CEPEWA in the U.S. District Court for the District of Colorado. Rocky Mountain named Scott Moss as the defendant in the suit, in his official capacity as director of the Division of Labor Standards and Statistics of the Colorado Department of Labor and Employment. Rocky Mountain challenged two requirements under the CEPEWA: (1) the Promotion Posting requirement, which mandates that employers make reasonable efforts to announce, post or otherwise make known all opportunities for promotion to all current employees; and (2) the Compensation Posting requirement, which compels employers to disclose in each job posting the hourly or salary compensation and a general description of all benefits and other compensation being offered.

Rocky Mountain filed a motion for a preliminary injunction to prohibit enforcement of part of the CEPEWA and its implementing regulations, the Equal Pay Transparency Rules. Judge William Martinez denied Rocky Mountain’s motion on May 27, 2021.