Colorado businesses have been required to provide equal pay to employees performing the same work since 2021. But many women say they still face pay discrimination in the workplace. 

Lawmakers are trying to address these gaps with Senate Bill 105. If enacted, the bill would implement measures to enforce the state’s existing Equal Pay for Equal Work Act and make other updates to the law. 

The Senate approved SB 105 on Thursday, advancing it to the House for consideration. 

“Women across the board earn way less for the exact same work. We can do better,” said bill sponsor Sen. Jessie Danielson, D-Wheat Ridge. “I hope that (pay inequality) is a thing of the past by the time my daughter enters the workforce. … That she can be proud that we, the state of Colorado, took steps to address that discrimination.” 

Colorado passed the Equal Pay for Equal Work Act in 2019, taking effect on Jan. 1, 2021. The 2019 law was sponsored by Danielson and Sen. Janet Buckner, D-Aurora, who are also both sponsoring the new SB 105.

The Equal Pay for Equal Work Act included several mandates intended to even the playing field for workers, such as requiring employers to notify employees of promotion opportunities, including pay or a pay range in job postings and allowing employees to sue employers for gender-based pay discrepancies. 

In 2021, women working full-time in Colorado were paid 83% of what men earned, according to the Women’s Foundation of Colorado. That’s higher than 78% in 2020 before the Equal Pay for Equal Work Act took effect, but still falls short of the state’s all-time high of 86% in 2019, according to the U.S. Bureau of Labor Statistics. The difference is exacerbated for women of color.

SB 105 would require the Department of Labor and Employment to investigate pay inequities and enforce equal pay mandates. The bill would also extend the maximum back pay period for pay inequalities to six years and allow employers to not notify employees about career development changes that are not technically promotions or jobs that other candidates could be considered for. 

Senators voted, 24-11, to pass the bill on Thursday. All Democrats supported the bill and all but one Republican opposed it. Sen. Perry Will, R-New Castle, joined Democrats in voting “yes” on the bill. 

Many critics raised concerns about negative effects the original Equal Pay for Equal Work Act had on businesses and workers, specifically pointing to the requirement that employers include pay or pay ranges in job postings.

In 2021, the Wall Street Journal reported that national companies excluded Coloradans from applying for remote work positions because of this requirement.

“A bill that is supposed to be helping close the gender gap in worker pay could be making it harder for Colorado women to find a job,” said Sen. Barbara Kirkmeyer, R-Brighton, who voted against the bill. “Most remote workers are women, so why wouldn’t we want to try to fix this?” 

Kirkmeyer attempted to amend the bill to exempt out-of-state companies that employ Coloradans remotely from adhering to the requirement to post pay ranges. That proposed change was rejected by lawmakers, as were four other Republican-sponsored amendments. 

Sen. Bob Gardner, R-Colorado Springs, criticized the bill for allowing the Colorado Department of Labor and Employment to investigate and mediate equal pay complaints, arguing that it violates an accused employer’s right to a jury trial. He unsuccessfully pushed an amendment to require complaints be referred to a judge if the department’s investigation finds probable cause of an equal pay violation. 

Lawmakers approved two Democrat-backed amendments to the bill to clean up language and to exempt the notification requirement for emergency hirings and hirings for temporary positions lasting six months or less. 

Democrats also defended the bill against Republican criticism, saying it is needed as some businesses aren’t obeying the requirements under the Equal Pay for Equal Work Act. 

“The facts remain that women are not paid equally,” said Sen. Lisa Cutter, D-Jefferson County, who supported the bill. “Sometimes, doing the right thing is hard, and that’s okay, because at the end of the day, it’s still the right thing to do. Either you believe in equal pay some of the time, or you believe in equal pay all of the time.” 

SB 105 will next be sent to the House for consideration in the coming weeks.