Thu, 06/03/2021
On May 27, 2021, a federal judge denied a business group’s initial attempt to stop enforcement of the Colorado Equal Pay for Equal Work Act, which MSE reported on in December. For more information on the Act, click here.
The Rocky Mountain Association of Recruiters alleged that requiring Colorado employers to post jobs, including promotions, with compensation ranges violated the First Amendment of the U.S. Constitution, as well as the clause governing interstate commerce. The business group alleged that the disclosures constitute “compelled speech,” and are unduly burdensome and not reasonably related to the public interest. Their attorney asserted in court that requiring employers to post pay ranges is burdensome and prevents applicants from negotiating better wages. The plaintiffs also alleged that the law burdened interstate commerce because it conflicts with other states’ statutes and regulation, arguing that the required postings forced employers to disclose their trade secrets.
In denying plaintiffs’ request for a preliminary injunction to block enforcement of the Act while their lawsuit is litigated, the Court concluded that the Rocky Mountain Association of Recruiters did not establish any burdens on interstate commerce that clearly exceeded the Act’s local benefits, including achieving pay equity in Colorado. The Court agreed with the state that the law is reasonably related to a governmental interest in reducing gender-based wage gaps, and that its requirements were not unduly burdensome. Litigation in the case will proceed, but the Act will be enforced while the lawsuit makes its way through the courts.
The case is Rocky Mountain Association of Recruiters v. Moss, Civil Action No. 20-cv-3819-WJM-STV, and was filed in the District Court for the District Court of Colorado.
For more information on MSE’s efforts to secure equal pay for equal work, visit our equal rights in the workplace webpage. If you believe your employer has discriminated against you on the basis of sex, contact us at info@mselaborlaw.com or 202-833-8855.
