Equal Pay for Equal Work Act

What does this mean for CSU? 

1. All promotions must be announced for one day on the internal job board via a promotional announcement TMS posting before making an internal hire or promoting an employee. Effective dates cannot be backdated to before the promotional announcement.

Promotional opportunity postings and announcements will be placed on the Talent Management System (TMS) internal job board beginning January 1, 2021. The purpose of the internal job posting or announcement of promotional opportunities is to announce to our workforce salary information tied to a position.

We have received further guidance from the State’s Department of Personnel Administration clarifying a promotional opportunity announcement is required when an employee will be promoted and there is not a vacant position. The following language will be included in promotional opportunity announcements when there is not a vacant position: The following is a promotional opportunity announcement and not a vacant position. In the instant of a promotional opportunity announcement, applications will not be accepted. 

Internal searches for vacant positions are considered promotional opportunities requiring postings, and applications will be accepted and considered. For additional details regarding the difference between promotional announcements and internal searches for promotional opportunities, please see the definitions below.

The table on the right shows the different promotion scenarios and their corresponding system/form requirements.

For additional guidance on how to create a Promotional Announcement, please see the guide below.

How to Create a Promotional Announcement Posting

 
Table showing the different approvals needed depending on promotion type

2. Prohibits employers from asking job candidates about their previous compensation levels.

This means supervisors and hiring authorities may not ask candidates in any manner about current or past salaries. A candidate may be asked what their salary expectation is for the position for which they have applied and are being considered.

3. Requires the use of appropriate salary ranges when posting a job opening, based on compensation levels for similar jobs/duties and market comparisons.

An appropriate salary range, as well as a general description of benefits, must be included in each job posting. A salary range is required for all Administrative Professional and Faculty job postings; a set salary figure is not acceptable. Using the general statement that “pay is commensurate with experience” will not comply with the Act.

A set hourly pay rate may be listed in place of a range for Temporary Hourly (Non-Student Hourly) positions where a range is not appropriate and for some State Classified positions where the living wage set by CSU is the top of the salary range for that classification. For Temporary Hourly positions, the minimum of the range or set rate cannot be lower than Colorado’s minimum hourly rate.

4. Faculty Promotions

Faculty promotions in line with the faculty promotion process as outlined in the Academic Faculty & Administrative Professional Manual do not require promotional announcements. 

5. Including Employee Benefits on all job postings 

A new Employee Benefits field has been added to all Posting forms in the TMS. This new field will automatically populate on a job posting and will include a link to the benefits offered for that specific employment type.

6. Non-Student Hourly (NSH) positions must now be posted in the TMS

All Non-Student Hourly positions must now be listed in the TMS for at least one day and will be referred to as Temporary Hourly in the TMS. For additional guidance on posting NSH positions in the TMS, please see Human Resources’ website.

7. Post selection notice sent to current employees

A new requirement under the EPEWA went into effect on January 1st, 2024. Following the selection of a candidate for a job opportunity, departments are now obligated to provide notice to all employees who will work with the selected candidate on a regular basis.

‘Work with on a regular basis’ is defined as an individuals who, as part of their job responsibilities, either communicate or collaborate with work at least monthly or have a reporting relationship (i.e., supervisor/supervisee) with the selected candidate. In addition to a department’s own communication about new employees, central HR will list all new hires on an announcement board located on the HR webpage. 

These post-selection notices must be sent out within thirty days of the new employee’s start date and should include the name of the selected candidate, their former job title if the hire was internal, their new job title, and information on how employees can express interest in similar opportunities. Please feel free to utilize the  New Hire Announcement email template when sending out these notices (Word Doc).