In a decision addressing an issue of first impression, the Colorado Court of Appeals held that an employee need not allege facts relating to gender discrimination to state a retaliation claim for discussing or disclosing wages under either Colorado’s Equal Pay for Equal Work Act (“EPEWA”), C.R.S. § 8-5-102(2)(d), or the Colorado Anti-Discrimination Act (“CADA”), C.R.S. § 24-34-402(1)(i). Verheggen v. Adams Cnty. Dep’t of Hum. Servs., 2026 COA 62, ¶¶ 2-3.1
Background
Plaintiff Emily Camp Verheggen worked for the Adams County Department of Human Services (“ACDHS”) as an intake supervisor beginning in 2004. Id. ¶ 4. Her position required her to work 76 hours every eight days, but she was paid for only 40 hours per week. After years of unsuccessfully raising the issue internally, Verheggen sent a wage demand letter through counsel in December 2022 seeking roughly $745,000 in back pay. Id. ¶ 5. In April 2023, she filed suit against the Adams County Board of Commissioners for failure to pay earned wages. Id. ¶ 6. Two months later, ACDHS suspended her without pay for two days, citing alleged unprofessional conduct. Id. ¶ 7. It later rescinded the suspension, but only after escorting her from the office, preventing her from working, and withholding her pay. Id.
Verheggen’s operative complaint alleged that the suspension was retaliation for her wage demand letter and lawsuit, in violation of EPEWA and CADA. Id. ¶ 8. The district court dismissed the claims under C.R.C.P. 12(b)(5),...
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