reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 1 - ORGANIZATION (§§ 24-34-101 — 24-34-112) › Section 24-34-109 - [Repealed]

Repealed by 2019 Ch. 136,§3, eff. 10/1/2019.
L. 2009: Entire section added, (SB 09-239), ch. 2183, p. 2183, § 28, effective July 1. L. 2010: (1)(d)(I), (2)(a)(II), and (6)(a) amended, (HB 10-1260), ch. 1989, p. 1989, § 82, effective July 1. L. 2014: (7) amended, (HB 14-1181), ch. 580, p. 580, § 1, effective May 9. L. 2018: (6) amended, (HB 18-1375), ch. 1710, p. 1710, § 48, effective May 29. L. 2019: Entire section repealed, (HB 19-1172), ch. 1642, p. 1642, § 3, effective October 1.
This section was relocated to §
12-30-105
in 2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 1 - ORGANIZATION (§§ 24-34-101 — 24-34-112) › Section 24-34-110 - [Repealed]

Repealed by 2019 Ch. 136,§3, eff. 10/1/2019.
L. 2010: Entire section added with relocations, (SB 10-124), ch. 2050, p. 2050, § 1, effective August 11. L. 2011: (3)(a)(XVII), (3)(a)(XVIII), and (3)(b) amended and (3)(a)(XIX) added, (SB 11-187), ch. 1329, p. 1329, § 74, effective July 1. L. 2012: (3)(a)(IX) amended, (HB 12-1332), ch. 1059, p. 1059, § 16, effective August 8; (3)(a)(XVIII) and (3)(a)(XIX) amended and (3)(a)(XX) added, (HB 12-1303), ch. 1376, p. 1376, § 3, effective August 8. L. 2013: (3)(a)(I) amended, (SB 13-039), ch. 1537, p. 1537, § 5, effective May 24; (3)(a)(XIX), IP(4), and (6) amended, (3)(a)(XXI) to (3)(a)(XXVIII) added, and (3)(b) RC&RE, (SB 13-026), ch. 1557, p. 1557, § 1, effective August 7; (3)(a)(XXIX) added, (HB 13-1111), ch. 2183, p. 2183, § 3, effective August 7. L. 2016: (3)(a)(VIII) amended, (HB 16-1047), ch. 1011, p. 1011, § 3, effective June 8; (12) added, (HB 16-1157), ch. 204, p. 204, §1, effective August 10. L. 2017: (3)(a)(XIII) amended, (HB 17-1057), ch. 744, p. 744, § 4, effective May 10; (3)(a)(XX) amended, (SB 17-294), ch. 1402, p. 1402, § 71, effective May 25. L. 2018: (4)(a)(X) amended, (HB 18-1375), ch. 1710, p. 1710, § 49, effective May 29; (3)(a)(XIII) amended, (HB 18-1155), ch. 1902, p. 1902, § 15, effective September 1. L. 2019: Entire section repealed, (HB 19-1172), ch. 1642, p. 1642, § 3, effective October 1.
This section was relocated to §
12-30-102
in 2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 1 - ORGANIZATION (§§ 24-34-101 — 24-34-112) › Section 24-34-110.5 - [Repealed]

Repealed by 2019 Ch. 136,§3, eff. 10/1/2019.
L. 2012: Entire section added, (HB 12-1052), ch. 1004, p. 1004, § 2, effective July 1. L. 2013: (1) and (3)(a) amended, (HB 13-1074), ch. 491, p. 491, § 6, effective August 7. L. 2014: (4)(b) repealed, (HB 14-1363), ch. 1268, p. 1268, § 24, effective May 31. L. 2016: IP(2), (3)(b), and (4)(a) amended, (SB 16-189), ch. 767, p. 767, § 50, effective June 6. L. 2019: Entire section repealed, (HB 19-1172), ch. 1642, p. 1642, § 3, effective October 1.
This section was relocated to §
12-30-106
in 2019.
For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 228, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 1 - ORGANIZATION (§§ 24-34-101 — 24-34-112) › Section 24-34-111 - Posting summary transparency reports required by federal law

Upon receipt by the state from the secretary of the United States department of health and human services, the department of regulatory agencies shall post on its website the report required by section 6002 of the federal "Patient Protection and Affordable Care Act", H.R. 3590, Pub.L. 111-148, containing a summary of information submitted by manufacturers and group purchasing organizations to the secretary pursuant to said law. The department shall post the report by September 30, 2013, and by June 30 of each calendar year thereafter, or as soon as possible after the state receives the report from the secretary, whichever occurs first.
L. 2010: Entire section added, (SB 10 -126), ch. 417, p. 2058, § 1, effective August 11.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 1 - ORGANIZATION (§§ 24-34-101 — 24-34-112) › Section 24-34-112 - [Repealed]

Repealed by 2019 Ch. 136,§3, eff. 10/1/2019.
L. 2017: Entire section added, (HB 17-1165), ch. 1944, p. 1944, § 2, effective June 6. L. 2019: Entire section repealed, (HB 19-1172), ch. 1642, p. 1642, § 3, effective October 1.
This section was relocated to §
12-30-104
in 2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 2 - [Repealed] (§ 24-34-201) › Section 24-34-201 - and 24-34-202 - [Repealed]

L. 82: Entire part repealed, p. 625, § 27, effective April 2.
(1) This part 2 was added in 1972.
(2) Prior to the repeal of this part 2 in 1982, the Colorado commission on women was terminated on July 1, 1980, pursuant to the sunset law, §
24-34-104
.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 3 - COLORADO CIVIL RIGHTS DIVISION - COMMISSION - PROCEDURES (§§ 24-34-301 — 24-34-309) › Section 24-34-302 - Civil rights division - director - powers and duties

(1)
There is created in the department of regulatory agencies a division of state government designated as the Colorado civil rights division, the head of which is the director of the Colorado civil rights division. The director is appointed by the executive director of the department of regulatory agencies pursuant to section 13 of article XII of the state constitution, and the executive director shall give good faith consideration to the recommendations of the commission prior to making the appointment. The Colorado civil rights division and the director of the Colorado civil rights division are
type 1
entities, as defined in section
24-1-105
.
(2)
The director shall appoint such investigators and other personnel as may be necessary to carry out the functions and duties of the division. The director and the staff of the division shall receive, investigate, and make determinations on charges alleging unfair or discriminatory practices in violation of parts 4 to 7 of this article.
Amended by 2022 Ch. 469,§139, eff. 8/10/2022.
L. 79: Entire part R&RE, p. 923, § 3, effective July 1. L. 2009: Entire section amended, (SB 09-110), ch. 238, p. 1083, §4, effective July 1.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 3 - COLORADO CIVIL RIGHTS DIVISION - COMMISSION - PROCEDURES (§§ 24-34-301 — 24-34-309) › Section 24-34-304 - Division and commission subject to termination - repeal of part

(1)
The provisions of section
24-34-104
, concerning the termination schedule for regulatory bodies of the state unless extended as provided in that section, are applicable to the division and the commission created by this part 3.
(2)
This part 3 is repealed, effective September 1, 2027. Before its repeal, the functions of the division and commission are scheduled for review in accordance with section
24-34-104
.
Amended by 2018 Ch. 229,§ 1, eff. 7/1/2018.
L. 79: Entire part R&RE, p. 924, § 3, effective July 1. L. 91: Entire section amended, p. 687, § 52, effective April 20. L. 99: (2) amended, p. 150, § 3, effective March 25. L. 2009: (2) amended, (SB 09-110), ch. 238, p. 1082, §3, effective July 1. L. 2018: (2) amended, (HB 18-1256), ch. 229, p. 1441, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 3 - COLORADO CIVIL RIGHTS DIVISION - COMMISSION - PROCEDURES (§§ 24-34-301 — 24-34-309) › Section 24-34-308 - Enforcement of federal law prohibited

Nothing in parts 3 to 8 of this article shall be construed to authorize the commission, the director, or the division to enforce any provision of federal law. Nothing in this section shall prevent the commission from accepting federal grants for the enforcement of parts 3 to 7.
L. 79: Entire part R&RE, p. 928, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 3 - COLORADO CIVIL RIGHTS DIVISION - COMMISSION - PROCEDURES (§§ 24-34-301 — 24-34-309) › Section 24-34-309 - Public education - service and assistance animals - form used in housing

(1)
The division is authorized to educate the public about the definitions of assistance and service animals, as those terms are defined in sections
18-13-107.3
and
18-13-107.7
, and the rights that accompany people with disabilities who use those animals. The division may:
(a)
Use its website to include information on how a person with a disability can complain about discrimination encountered in places of public accommodation and housing;
(b)
Create and publicize public service announcements about the definitions of assistance and service animals and links to the division's website;
(c)
Create and publicize uniform signage for all places of public accommodation to display to inform the public of the rules surrounding service and assistance animals;
(d)
Create and publicize one or more forms that landlords, qualified individuals with a disability, and health-care providers may use in making a determination contemplated by section
12-240-144
,
12-245-229
, or
12-255-133
; and
(e)
Establish an education program for law enforcement officers in Colorado about service and assistance animals and how to provide effective communication to people with disabilities when making inquiries under applicable law.
(2)
If a landlord requires a tenant to provide documentation in connection with the tenant's assistance animal, as that term is defined in section
18-13-107.3
, C.R.S., the landlord shall provide the tenant with the form specified in paragraph (d) of subsection (1) of this section if the division has posted the form on its website. The tenant need not use the form.
Amended by 2019 Ch. 136, § 131, eff. 10/1/2019.
Added by 2016 Ch. 309, § 6, eff. 1/1/2017.
L. 2016: Entire section added, (HB 16-1426), ch. 309, p. 1249, § 6, effective 1/1/2017.
Section 7(2) of chapter 309 (HB 16-1426), Session Laws of Colorado 2016, provides that the act adding this section applies to conduct occurring on or after January 1, 2017.
For the legislative declaration in HB 16-1426, see section 1 of chapter 309, Session Laws of Colorado 2016.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 4 - EMPLOYMENT PRACTICES (§§ 24-34-400.2 — 24-34-408) › Section 24-34-400.2 - Legislative declaration

(1)
The general assembly finds that:
(a)
All Coloradans should have an equal opportunity to succeed in the workplace and are entitled to a workplace that is safe and free from discrimination and harassment based on their protected status;
(b)
When employees have a safe workplace that is free from discrimination and harassment, those employees are more productive and are more inclined to remain in their jobs, and their employers benefit from increased employee productivity and retention;
(c)
While many employers have made great strides in improving workplace environments by making them free from discrimination and harassment since this part 4 was first enacted in 1951, many employees in this state still experience discrimination and harassment in the workplace, resulting in mental, physical, and economic harm;
(d)
It is critical that employers engage in preventive and corrective actions to eliminate workplace discrimination and harassment and ensure a safe workplace environment for all their employees; and
(e)
Courts should apply the law consistently to all workplaces.
(2)
Additionally, the general assembly:
(a)
Finds that the "severe or pervasive" standard created by courts to determine if harassment at work is a discriminatory or an unfair employment practice does not take into account the realities of the workplace or the harm that workplace harassment causes; and
(b)
Rejects the "severe or pervasive" standard for proof of workplace harassment in favor of a standard that prohibits unwelcome harassment.
(3)
The general assembly further finds and declares that:
(a)
It is the public policy of the state to encourage:
(I)
Employers to adopt equal employment opportunity policies to prevent and disincentivize illegal harassment and discrimination; and
(II)
The free reporting, discussion, and exposure of discriminatory or unfair employment practices in order to better protect employees and discourage discriminatory or unfair employment practices; and
(b)
Attempts to interfere with employees' ability to communicate about and report alleged discriminatory or unfair employment practices are contrary to the public policy of the state.
Added by 2023 Ch. 389,§ 3, eff. 8/7/2023.
2023 Ch. 389, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 4 - EMPLOYMENT PRACTICES (§§ 24-34-400.2 — 24-34-408) › Section 24-34-401 - Definitions

As used in this part 4, unless otherwise defined in section
24-34-301
or unless the context otherwise requires:
(1)
"Apprenticeship" means any program for the training of apprentices.
(2)
"Employee" means any individual employed by an employer.
(3)
"Employer" means the state of Colorado or any political subdivision, commission, department, institution, or school district thereof, and every other person employing persons within the state; but it does not mean religious organizations or associations, except such organizations or associations supported in whole or in part by money raised by taxation or public borrowing.
(4)
"Employment agency" means any person undertaking to procure employees or opportunities to work for any other person or holding itself out to be equipped to do so.
(5)
"Joint apprenticeship committee" means any association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program.
(6)
"Labor organization" means any organization which exists for the purpose in whole or in part of collective bargaining, or of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with employment.
(7)
"On-the-job training" means any program designed to instruct a person who, while learning the particular job for which he is receiving instruction, is also employed at that job or who may be employed by the employer conducting the program during the course of the program or when the program is completed.
(7.5)
Repealed.
(8)
"Unfair employment practice" means those practices specified as discriminatory or unfair in sections
24-34-402
and
24-34-402.3
.
(9)
"Vocational school" means any school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade or to pursue a manual, mechanical, technical, industrial, business, commercial, office, personal service, or other nonprofessional occupation.
Amended by 2022 Ch. 473,§3, eff. 8/10/2022.
Amended by 2016 Ch. 207,§2, eff. 8/10/2016.
Amended by 2014 Ch. 250,§2, eff. 8/6/2014.
L. 79: Entire part R&RE, p. 929, § 3, effective July 1. L. 87: Entire section amended, p. 377, § 3, effective May 20. L. 2007: (7.5) added, p. 1254, § 1, effective August 3. L. 2014: IP amended and (7.5) repealed, (SB 14-118), ch. 250, p. 976, § 2, effective August 6. L. 2016: (8) amended, (HB 16-1438), ch. 207, p. 742, § 2, effective August 10.
2022 Ch. 473, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
(1) For additional definitions applicable to this part 4, see §24-34-301. (2) For the legislative declaration in HB 16-1438, see section 1 of chapter 207, Session Laws of Colorado 2016.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 4 - EMPLOYMENT PRACTICES (§§ 24-34-400.2 — 24-34-408) › Section 24-34-402.5 - Unlawful prohibition of legal activities as a condition of employment

(1)
It shall be a discriminatory or unfair employment practice for an employer to terminate the employment of any employee due to that employee's engaging in any lawful activity off the premises of the employer during nonworking hours unless such a restriction:
(a)
Relates to a bona fide occupational requirement or is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the employer; or
(b)
Is necessary to avoid a conflict of interest with any responsibilities to the employer or the appearance of such a conflict of interest.
(2)
(a)
Notwithstanding any other provisions of this article, the sole remedy for any person claiming to be aggrieved by a discriminatory or unfair employment practice as defined in this section shall be as follows: He or she may bring a civil action for damages in any district court of competent jurisdiction and may sue for all wages and benefits that would have been due him or her up to and including the date of the judgment had the discriminatory or unfair employment practice not occurred; except that nothing in this section shall be construed to relieve the person from the obligation to mitigate his or her damages.
(b)
(I)
If the prevailing party in the civil action is the plaintiff, the court shall award the plaintiff court costs and a reasonable attorney fee.
(II)
This paragraph (b) shall not apply to an employee of a business that has or had fifteen or fewer employees during each of twenty or more calendar work weeks in the current or preceding calendar year.
L. 90: Entire section added, p. 1222, § 1, effective July 1. L. 2007: (2) amended, p. 859, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 4 - EMPLOYMENT PRACTICES (§§ 24-34-400.2 — 24-34-408) › Section 24-34-403 - Time limits on filing of charges

Any charge alleging a violation of this part 4 must be filed with the commission pursuant to section
24-34-306
within three hundred days after the alleged discriminatory or unfair employment practice occurred, and if a charge is not timely filed, it is barred.
Amended by 2022 Ch. 473,§5, eff. 8/10/2022.
L. 79: Entire part R&RE, p. 931, § 3, effective July 1. L. 89: Entire section amended, p. 1041, § 7, effective July 1.
2022 Ch. 473, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 4 - EMPLOYMENT PRACTICES (§§ 24-34-400.2 — 24-34-408) › Section 24-34-404 - Charges by employers and others

Any employer, labor organization, joint apprenticeship committee, or vocational school whose employees or members, or some of them, refuse or threaten to refuse to comply with the provisions of this part 4 may file with the commission a verified written charge in duplicate asking the commission for assistance to obtain their compliance by conciliation or other remedial action.
L. 79: Entire part R&RE, p. 932, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 4 - EMPLOYMENT PRACTICES (§§ 24-34-400.2 — 24-34-408) › Section 24-34-406 - Ruling on unemployment benefits not a bar

No findings, conclusions, or orders made pursuant to the provisions of articles
70
to
82
of title
8
, C.R.S., shall be binding upon the commission in the exercise of its powers pursuant to parts 3 and 4 of this article; except that the commission may consider any explicit findings or conclusions on the issue of discrimination. If the decision under parts 3 and 4 of this article is in favor of the complainant, the respondent may present evidence of any unemployment benefits pursuant to articles
70
to
82
of title
8
, C.R.S., which were received by the complainant based on the same occurrence. The relief granted to the complainant shall be reduced by the amount of such benefits, as provided in section
8-2-119
, C.R.S.
L. 79: Entire part R&RE, p. 932, § 3, effective July 1. L. 94: Entire section amended, p. 645, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 4 - EMPLOYMENT PRACTICES (§§ 24-34-400.2 — 24-34-408) › Section 24-34-408 - [Effective Until 8/7/2024] Employer record keeping - repository of discrimination complaints - definition

(1)
An employer shall preserve any personnel or employment record the employer made, received, or kept for at least five years after the later of:
(a)
The date the employer made or received the record; or
(b)
The date of the personnel action about which the record pertains or of the final disposition of a charge of discrimination or related action, as applicable.
(2)
(a)
An employer shall maintain an accurate, designated repository of all written or oral complaints of discriminatory or unfair employment practices, as described in section
24-34-402 (1)(a)
, that includes the date of the complaint, the identity of the complaining party, if the complaint was not made anonymously, the identity of the alleged perpetrator, and the substance of the complaint.
(b)
Records of complaints in an employer's designated repository maintained in accordance with this subsection (2) are not public records, as defined in section
24-72-202 (6)
, and, for purposes of an employer that is subject to part 2 of article
72
of this title 24, records in a designated repository are considered personnel records, as defined in section
24-72-202
(4.5), and are not open to public inspection pursuant to section
24-72-204 (3)(a)(II)(A)
. Additionally, in accordance with section
24-72-204 (3)(a)(X)
, any record of a sexual harassment complaint or investigation is not open to public inspection except as specified in said section
24-72-204 (3)(a)(X)
.
(3)
As used in this section, "personnel or employment record" includes requests for accommodation; employee complaints of discriminatory or unfair employment practices, whether written or oral; application forms submitted by applicants for employment; other records related to hiring, promotion, demotion, transfer, layoff, termination, rates of pay or other terms of compensation, and selection for training or apprenticeship; and records of training provided to or facilitated for employees.
Added by 2023 Ch. 389,§ 5, eff. 8/7/2023.
2023 Ch. 389, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 4 - EMPLOYMENT PRACTICES (§§ 24-34-400.2 — 24-34-408) › Section 24-34-408 - [Effective 8/7/2024] Employer record keeping - repository of discrimination complaints - definition

(1)
An employer shall preserve any personnel or employment record the employer made, received, or kept for at least five years after the later of:
(a)
The date the employer made or received the record; or
(b)
The date of the personnel action about which the record pertains or of the final disposition of a charge of discrimination or related action, as applicable.
(2)
(a)
An employer shall maintain an accurate, designated repository of all written or oral complaints of discriminatory or unfair employment practices, as described in section
24-34-402 (1)(a)
, that includes the date of the complaint, the identity of the complaining party, if the complaint was not made anonymously, the identity of the alleged perpetrator, and the substance of the complaint.
(b)
Records of complaints in an employer's designated repository maintained in accordance with this subsection (2) are not public records, as defined in section
24-72-202 (6)
, and, for purposes of an employer that is subject to part 2 of article
72
of this title 24, records in a designated repository are considered personnel files, as defined in section
24-72-202
(4.5), and are not open to public inspection pursuant to section
24-72-204 (3)(a)(II)(A)
. Additionally, in accordance with section
24-72-204 (3)(a)(X)
, any record of a sexual harassment complaint or investigation is not open to public inspection except as specified in section 24-72-204 (3)(a)(X) or (9).
(3)
As used in this section, "personnel or employment record" includes requests for accommodation; employee complaints of discriminatory or unfair employment practices, whether written or oral; application forms submitted by applicants for employment; other records related to hiring, promotion, demotion, transfer, layoff, termination, rates of pay or other terms of compensation, and selection for training or apprenticeship; and records of training provided to or facilitated for employees.
Amended by 2024 Ch. 445,§ 3, eff. 8/7/2024.
Added by 2023 Ch. 389,§ 5, eff. 8/7/2023.
2024 Ch. 445, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Ch. 389, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 5 - HOUSING PRACTICES (§§ 24-34-501 — 24-34-510) › Section 24-34-503 - Refusal to show housing

If the charge alleging an unfair housing practice relates to the refusal to show the housing involved, the commission, after proper investigations as set forth in section
24-34-306
, may issue its order that the housing involved be shown to the person filing such charge, and, if the respondent refuses without good reason to comply therewith within three days, then the commission or any commissioner may file a petition pursuant to section
24-34-509
. The district court shall hear such matters at the earliest possible time, and the court may waive the requirement of security for a petition filed under this section. If the district court finds that the denial to show is based upon an unfair housing practice, it shall order the respondent to immediately show said housing involved and also to make full disclosure concerning the sale, lease, or rental price and any other information being then given to the public.
L. 79: Entire part R&RE, p. 934, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 5 - HOUSING PRACTICES (§§ 24-34-501 — 24-34-510) › Section 24-34-505 - Charges by other persons

Any person whose employees, agents, employers, or principals, or some of them, refuse or threaten to refuse to comply with the provisions of this part 5 may make, sign, and file with the commission a verified written charge in duplicate asking the commission for assistance to obtain their compliance by conciliation or other remedial action.
L. 79: Entire part R&RE, p. 934, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 5 - HOUSING PRACTICES (§§ 24-34-501 — 24-34-510) › Section 24-34-505.5 - Enforcement by the attorney general

(1)
Upon timely application, the attorney general may intervene in any civil action filed as provided in section
24-34-505.6
if the attorney general certifies that the case is of general public importance. Upon such intervention, the attorney general may obtain such relief as would be available to the director under section
24-34-306
in a civil action to which such section applies.
(2)
Whenever the attorney general has probable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this title or that any group of persons has been denied any of the rights granted by this title and such denial raises an issue of general public importance, the attorney general may commence a civil action in any appropriate district court.
(3)
The attorney general may commence a civil action in any appropriate district court for appropriate relief with respect to:
(a)
A discriminatory housing practice referred to the attorney general by the commission under section
24-34-306
; or
(b)
Breach of a conciliation agreement referred to the attorney general by the director under section
24-34-506.5
.
(4)
The attorney general, on behalf of the commission, division, or other party at whose request a subpoena is issued under this section, may enforce such subpoena in appropriate proceedings in the district court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.
(5)
Repealed.
L. 90: Entire section added, p. 1230, § 10, effective April 16; (5) added by revision, pp. 1230, 1232, §§ 10, 12. L. 92: (2) amended, p. 1125, § 7, effective July 1. L. 93: (5) repealed, p. 1785, § 59, effective June 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 5 - HOUSING PRACTICES (§§ 24-34-501 — 24-34-510) › Section 24-34-506 - Probable cause

In making his determination on probable cause under the provisions of section
24-34-306(2)
, the director shall find that probable cause exists if upon all the facts and circumstances a person of reasonable prudence and caution would be warranted in a belief that an unfair housing practice has been committed.
L. 79: Entire part R&RE, p. 934, § 3, effective July 1. L. 92: Entire section amended, p. 1125, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 5 - HOUSING PRACTICES (§§ 24-34-501 — 24-34-510) › Section 24-34-506.5 - Conciliation agreements

(1)
A conciliation agreement arising out of a conciliation shall be an agreement between the respondent and the charging party, and shall be subject to approval by the director.
(2)
A conciliation agreement may provide for binding arbitration of the dispute arising from the charge. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.
(3)
Each conciliation agreement shall be made public unless the charging party and respondent otherwise agree and the director determines that disclosure is not required to further the purposes of this section.
(4)
Whenever the director has reasonable cause to believe that a respondent has breached a conciliation agreement, the director shall refer the matter to the attorney general with a recommendation that a civil action be filed under section
24-34-505.5
for the enforcement of such agreement.
(5)
Repealed.
L. 90: Entire section added, p. 1230, § 10, effective April 16; (5) added by revision, see pp. 1230, 1232, §§ 10, 12. L. 93: (5) repealed, p. 1785, § 61, effective June 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 5 - HOUSING PRACTICES (§§ 24-34-501 — 24-34-510) › Section 24-34-507 - Injunctive relief

(1)
After the filing of a charge pursuant to section
24-34-306(1)
, the commission or a commissioner designated by the commission for that purpose may file in the name of the people of the state of Colorado through the attorney general of the state a petition in the district court of the county in which the alleged unfair housing practice occurred, or of any county in which a respondent resides, seeking appropriate injunctive relief against such respondent, including orders or decrees restraining and enjoining him from selling, renting, or otherwise making unavailable to the complainant any housing with respect to which the complaint is made, pending the final determination of proceedings before the commission under this part 5.
(2)
Any injunctive relief granted pursuant to this section shall expire by its terms within such time after entry, not to exceed sixty days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. An affidavit of notice of hearing shall forthwith be filed in the office of the clerk of the district court wherein said petition is filed. The procedure for seeking and granting said injunctive relief, including temporary restraining orders and preliminary injunctions, shall be the procedure provided in the rules of civil procedure for courts of record in Colorado pertaining to injunctions, and the district court has power to grant such temporary relief or restraining orders as it deems just and proper.
(3)
The district court shall hear matters on the request for an injunction at the earliest possible time.
(4)
If, upon all the evidence at a hearing, the commission finds that a respondent has not engaged in any such unfair housing practice, the district court which has granted temporary relief or restraining orders pursuant to the petition filed by the commission or commissioner shall dismiss such temporary relief or restraining orders. Any person filing a charge alleging an unfair housing practice with the commission, a commissioner, or the attorney general may not thereafter apply, by himself or herself or by his or her attorney-at-law, directly to the district court for any further relief under this part 5, except as provided in section
24-34-307
.
L. 79: Entire part R&RE, p. 935, § 3, effective July 1. L. 87: (2) amended, p. 966, § 71, effective March 13. L. 92: (1) to (3) amended, p. 1126, § 9, effective July 1. L. 98: (4) amended, p. 825, § 37, effective August 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 5 - HOUSING PRACTICES (§§ 24-34-501 — 24-34-510) › Section 24-34-508 - Relief authorized

(1)
In addition to the relief authorized by section
24-34-306(9)
, the commission may order a respondent who has been found to have engaged in an unfair housing practice:
(a)
To rehire, reinstate, and provide back pay to any employee or agent discriminated against because of his obedience to this part 5;
(b)
To take affirmative action regarding the granting of financial assistance as provided in section
24-34-502(1)(b)
or the showing, sale, transfer, rental, or lease of housing;
(c)
To make reports as to the manner of compliance with the order of the commission;
(d)
To reimburse any person who was discriminated against for any fee charged in violation of this part 5 and for any actual expenses incurred in obtaining comparable alternate housing, as well as any storage or moving charges associated with obtaining such housing;
(e)
To award actual damages suffered by the aggrieved person and injunctive or other equitable relief;
(f)
To assess a civil penalty against the respondent in the following amounts:
(I)
Not to exceed ten thousand dollars if the respondent has not been adjudged to have committed any prior discriminatory housing practice;
(II)
Not to exceed twenty-five thousand dollars if the respondent has been adjudged to have committed any other discriminatory housing practice during the five-year period ending on the date of the filing of the charge;
(III)
Not to exceed fifty thousand dollars if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge.
(2)
In addition to the relief authorized by the provisions of subsection (1) of this section, an individual with a disability who has suffered an unfair housing practice based on his or her disability is entitled to the relief set forth in section
24-34-802
.
Amended by 2014 Ch. 250,§ 6, eff. 8/6/2014.
L. 79: Entire part R&RE, p. 936, § 3, effective July 1. L. 89: Entire section amended, p. 1042, § 10, effective July 1. L. 90: (1)(e) and (1)(f) added, p. 1231, § 11, effective April 16. L. 2014: (2) added, (SB 14-118), ch. 250, p. 978, § 6, effective August 6.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 5 - HOUSING PRACTICES (§§ 24-34-501 — 24-34-510) › Section 24-34-509 - Enforcement sought by commission

Upon refusal by a person to comply with any order, order pursuant to section
24-34-503
, or regulation of the commission, the commission has authority to immediately seek an order in the district court enforcing the order or regulation of the commission. Such proceedings shall be brought in the district court in the county in which the respondent resides or transacts business.
L. 79: Entire part R&RE, p. 936, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 5 - HOUSING PRACTICES (§§ 24-34-501 — 24-34-510) › Section 24-34-510 - [Repealed]

L. 79: Entire part R&RE, p. 936, § 3, effective July 1. L. 86: (1)(a) amended, p. 1219, § 23, effective May 30. L. 92: Entire section repealed, p. 1127, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 6 - DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION (§§ 24-34-601 — 24-34-605) › Section 24-34-602 - [Effective Until 8/7/2024] Penalty and civil liability

(1)
(a)
Any person who violates section
24-34-601
shall be fined not less than fifty dollars nor more than five hundred dollars for each violation. A person aggrieved by the violation of section
24-34-601
shall bring an action in any court of competent jurisdiction in the county where the violation occurred. Upon finding a violation, the court shall order the defendant to pay the fine to the aggrieved party.
(b)
Notwithstanding the provisions of paragraph (a) of this subsection (1), a person who violates the provisions of section
24-34-601
based on a disability shall be subject to the provisions of section
24-34-802
.
(2)
Repealed.
(3)
The relief provided by this section is an alternative to that authorized by section
24-34-306 (9)
, and a person who seeks redress under this section is not permitted to seek relief from the commission.
Amended by 2014 Ch. 250, § 8, eff. 8/6/2014.
Amended by 2013 Ch. 127, § 1, eff. 4/19/2013.
L. 79: Entire part R&RE, p. 937, § 3, effective July 1. L. 93: Entire section amended, p. 1662, § 66, effective July 1. L. 2008: Entire section amended, p. 1597, § 7, effective May 29. L. 2009: (1) and (2) amended, (SB 09 -110), ch. 238, p. 1086, § 8, effective July 1. L. 2013: (2) repealed and (3) amended, (SB 13-184), ch. 127, p. 426, § 1, effective April 19. L. 2014: (1) amended, (SB 14-118), ch. 250, p. 979, § 8, effective August 6.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 341, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 6 - DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION (§§ 24-34-601 — 24-34-605) › Section 24-34-602 - [Effective 8/7/2024] Penalty and civil liability

(1)
(a)
Any person who violates section
24-34-601
shall be fined three thousand five hundred dollars for each violation. A person aggrieved by the violation of section
24-34-601
may bring an action in any court of competent jurisdiction in the county where the violation occurred. Upon finding a violation, the court shall order the defendant to pay the fine to the aggrieved party and to comply with the provisions of section 24-34-601.
(b)
Notwithstanding the provisions of paragraph (a) of this subsection (1), a person who violates the provisions of section
24-34-601
based on a disability shall be subject to the provisions of section
24-34-802
.
(2)
Repealed.
(3)
The relief provided by this section is an alternative to that authorized by section
24-34-306 (9)
, and a person who seeks redress under this section is not permitted to seek relief from the commission.
Amended by 2024 Ch. 224,§ 2, eff. 8/7/2024.
Amended by 2014 Ch. 250, § 8, eff. 8/6/2014.
Amended by 2013 Ch. 127, § 1, eff. 4/19/2013.
L. 79: Entire part R&RE, p. 937, § 3, effective July 1. L. 93: Entire section amended, p. 1662, § 66, effective July 1. L. 2008: Entire section amended, p. 1597, § 7, effective May 29. L. 2009: (1) and (2) amended, (SB 09 -110), ch. 238, p. 1086, § 8, effective July 1. L. 2013: (2) repealed and (3) amended, (SB 13-184), ch. 127, p. 426, § 1, effective April 19. L. 2014: (1) amended, (SB 14-118), ch. 250, p. 979, § 8, effective August 6.
2024 Ch. 224, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 341, Session Laws of Colorado 2008.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 6 - DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION (§§ 24-34-601 — 24-34-605) › Section 24-34-603 - Jurisdiction of county court - trial

The county court in the county where the offense is committed shall have jurisdiction in all civil actions brought under this part 6 to recover damages to the extent of the jurisdiction of the county court to recover a money demand in other actions. Either party shall have the right to have the cause tried by jury and to appeal from the judgment of the court in the same manner as in other civil suits.
L. 79: Entire part R&RE, p. 938, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 6 - DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION (§§ 24-34-601 — 24-34-605) › Section 24-34-604 - Time limits on filing of charges

Any charge filed with the commission alleging a violation of this part 6 shall be filed pursuant to section
24-34-306
within sixty days after the alleged discriminatory act occurred, and if not so filed, it shall be barred.
L. 79: Entire part R&RE, p. 938, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 34 - DEPARTMENT OF REGULATORY AGENCIES (§§ 24-34-101 — 24-34-1008) › Part 6 - DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION (§§ 24-34-601 — 24-34-605) › Section 24-34-605 - Relief authorized

In addition to the relief authorized by section
24-34-306(9)
, the commission may order a respondent who has been found to have engaged in a discriminatory practice as defined in this part 6 to rehire, reinstate, and provide back pay to any employee or agent discriminated against because of his obedience to this part 6; to make reports as to the manner of compliance with the order of the commission; and to take affirmative action, including the posting of notices setting forth the substantive rights of the public under this part 6.
L. 79: Entire part R&RE, p. 938, § 3, effective July 1.