Colorado § 8-5-103 Enforcement - rules - complaints

Colorado Statutes

§ 8-5-103 — Enforcement - rules - complaints

Colorado·Title 08 Labor and·Art. Wage Equality

(1)(a) The director shall:

(I)Create and administer a process to accept complaints and provide legal resources concerning alleged violations of section 8-5-102, and shall promulgate rules as necessary for this purpose;

(II)On or before July 1, 2024, create and administer a process to mediate complaints regarding alleged violations of section 8-5-102 and promulgate rules as necessary for this purpose;

(III)Investigate complaints or other leads concerning employer violations of section 8-5-102, except if the complaint concerns the state of Colorado as the employer, that, in the director's good faith discretion and judgment, warrant investigation;

(IV)Upon finding of a violation of section 8-5-102, order compliance and relief as authorized by this part 1; and

(V)Promulgate

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(1) (a) The director shall:

(I) Create and administer a process to accept complaints and provide legal
resources concerning alleged violations of section 8-5-102, and shall promulgate
rules as necessary for this purpose;

(II) On or before July 1, 2024, create and administer a process to mediate
complaints regarding alleged violations of section 8-5-102 and promulgate rules as
necessary for this purpose;

(III) Investigate complaints or other leads concerning employer violations of
section 8-5-102, except if the complaint concerns the state of Colorado as the
employer, that, in the director's good faith discretion and judgment, warrant
investigation;

(IV) Upon finding of a violation of section 8-5-102, order compliance and
relief as authorized by this part 1; and

(V) Promulgate rules to enforce this article 5.

(b) For the purpose of investigating a violation of this part 1, the director may
apply the information-gathering provisions of article 1 of this title 8 to an employer,
employee, or other person.

(c) The process created and administered by the director, including the rules
for the investigation of alleged complaints for violations of section 8-5-102 and any
fines levied or corrective action taken by the director, does not affect or prevent the
right of an aggrieved person from commencing a civil action pursuant to subsection
(2) of this section.

(2) A person aggrieved by a violation of section 8-5-102 may commence a
civil action in district court no later than two years after the violation occurs. A
violation of section 8-5-102 (1) occurs on each occasion that a person is affected by
wage discrimination, including each occasion that a discriminatory wage rate is
paid.

(3) A person aggrieved by a violation of section 8-5-102 may obtain relief for
back pay for the entire time the violation continues, not to exceed six years.

(4) If a civil action is commenced under this section, any party to the civil
action may demand a trial by jury.

(5) Nothing in this section prevents an aggrieved person from filing a charge
with the Colorado civil rights division pursuant to section 24-34-306.

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Legislative History

Source: L. 55: p. 504, � 3. CRS 53: � 80-23-3. C.R.S. 1963: � 80-3-3. L. 69: p. 593, � 69. L. 86: Entire section amended, p. 472, � 31, effective July 1. L. 2019: Entire section amended, (SB 19-085), ch. 247, p. 2414, � 5, effective January 1, 2021. L. 2023: (1) and (3) amended, (SB 23-105), ch. 347, p. 2080, � 2, effective January 1, 2024.