(1) The commission has the
following powers and duties:
(a) To adopt, publish, amend, and rescind rules, in accordance with the
provisions of section 24-4-103, that are consistent with and for the implementation
of parts 3 to 7 of this article. All rules adopted or amended are subject to sections
24-4-103 (8)(c) and (8)(d) and 24-34-104 (6)(b).
(b) Repealed.
(c) (I) To investigate and study the existence, character, causes, and extent
of unfair or discriminatory practices as defined in parts 4 to 7 of this article and to
formulate plans for the elimination of those practices by educational or other
means.
(II) (A) In furtherance of its educational efforts to reduce instances of
discriminatory or unfair employment practices, the commission shall create a
volunteer working group representing both employer and employee interests,
including human resource professionals, to assist in education and outreach efforts
to foster understanding of and compliance with part 4 of this article. The
commission may accept and expend gifts, grants, and donations to assist in its
duties pursuant to this subparagraph (II).
(B) The commission shall create the volunteer working group by September
1, 2013. The working group shall develop and submit to the commission, by January
1, 2014, an education and outreach plan for the commission to implement for
purposes of educating employers and providing outreach regarding part 4 of the
article.
(C) In addition to the outreach plan required by sub-subparagraph (B) of this
subparagraph (II), the working group shall compile and provide to the commission
information on educational resources available to employers regarding the
requirements of and compliance with part 4 of this article, including resources for
employers on prevention of discriminatory employment practices. The commission
shall post the information on its website and shall make the information available in
an electronic format to all state departments and agencies that interact with
private businesses in the state, including the departments of labor and
employment, regulatory agencies, revenue, and state and the governor's office of
economic development. Those departments and agencies, within existing
resources, shall post the information provided by the commission, or links to that
information, on their websites.
(d) (I) To hold hearings upon any complaint issued against a respondent
pursuant to section 24-34-306; to subpoena witnesses and compel their
attendance; to administer oaths and take the testimony of any person under oath;
and to compel such respondent to produce for examination any books and papers
relating to any matter involved in such complaint. Such hearings may be held by the
commission itself, or by any commissioner, or by any administrative law judge
appointed by the commission pursuant to part 10 of article 30 of this title, subject to
appropriations for such administrative law judges made to the department of
personnel; except that, if no administrative law judge is made available within the
time limitations set forth in section 24-34-306 (11), the governor shall appoint an
administrative law judge at the request of the commission, and such administrative
law judge shall be paid out of moneys appropriated to the division. If a witness
either fails or refuses to obey a subpoena issued by the commission, the
commission may petition the district court having jurisdiction for issuance of a
subpoena in the premises, and the court shall in a proper case issue its subpoena.
Refusal to obey such subpoena shall be punishable as contempt.
(II) No person may be excused from attending and testifying or from
producing records, correspondence, documents, or other evidence in obedience to a
subpoena in any such matter on the ground that the evidence or the testimony
required of him may tend to incriminate him or subject him to any penalty or
forfeiture. However, no testimony or other information compelled under order from
the commission, or other information directly or indirectly derived from such
testimony or other information, may be used against the witness in any criminal
case, except a prosecution and punishment for perjury or false statement
committed in so testifying.
(e) To issue such publications and reports of investigations and research as
in its judgment will tend to promote goodwill among the various racial, religious,
age, and ethnic groups of the state and which will tend to minimize or eliminate
discriminatory or unfair practices as specified by parts 3 to 7 of this article.
Publications of the commission circulated in quantity outside the executive branch
shall be issued in accordance with the provisions of section 24-1-136.
(f) To prepare and transmit annually, in the form and manner prescribed by
the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all
responsibilities assigned by law or directive to the commission;
(g) To recommend policies to the governor and to submit recommendations
to persons, agencies, organizations, and other entities in the private sector to
effectuate such policies;
(h) To make recommendations to the general assembly for such further
legislation concerning discrimination as it may deem necessary and desirable;
(i) To cooperate, within the limits of any appropriations made for its
operation, with other agencies or organizations, both public and private, whose
purposes are consistent with those of parts 3 to 7 of this article, in the planning and
conducting of educational programs designed to eliminate racial, religious, cultural,
age, and intergroup tensions;
(i.5) To intervene in racial, religious, cultural, age, and intergroup tensions or
conflicts for the purpose of informal mediation using alternative dispute resolution
techniques. Such intervention may be made in cooperation with other agencies or
organizations, both public and private, whose purposes are consistent with those of
parts 3 to 7 of this article.
(j) To adopt an official seal;
(k) (I) To receive reports from people alleging mistreatment in the context of
maternity care, including care that is not organized for, and provided to, a person
who is pregnant or in the postpartum period as defined in section 12-225-103, in a
manner that is culturally congruent; that fails to maintain the person's dignity,
privacy, and confidentiality; that fails to ensure freedom from harm and
mistreatment; and that fails to enable informed choices and continuous support.
(II) Reports shall be collected in a way to ensure that:
(A) Confidential information can be de-identified;
(B) Individuals can identify mistreatment they experienced based on the
following mistreatment index categories: Physical abuse, sexual abuse, verbal
abuse, stigma and discrimination, failure to meet professional standards of care, or
poor rapport between patients or clients and providers; poor conditions and
constraints presented by the health-care system; and obstetric racism;
(C) Numbers of reports based on typology can be generated and shared with
the public and other agencies;
(D) An individual may identify any protected class the individual may be part
of and that may have factored into the individual's mistreatment;
(E) An individual may indicate what might have been done differently to
improve the individual's situation;
(F) An individual may enter narrative information in the individual's own
words; and
(G) An individual may voluntarily share the individual's contact information
and indicate whether the individual consents to being contacted by the department
of regulatory agencies or the department of public health and environment.
(III) The commission shall generate de-identified composite information
based on reports submitted pursuant to this subsection (1)(k). Notwithstanding
section 24-1-136 (11)(a)(I), no later than July 1, 2025, and no later than July 1 every
three years thereafter, the commission shall share the generated de-identified
composite information with:
(A) The Colorado maternal mortality review committee created in section 25-52-104 (1);
(B) The house of representatives health and human services committee and
the senate health and human services committee, or their successor committees;
and
(C) The maternity advisory committee defined in section 25.5-4-506 (1)(b).
(IV) Reports may be shared internally with staff for study, investigation,
reports, publications, or hearings.
(2) Any provision of this article to the contrary notwithstanding, no person
shall be required to alter, modify, or purchase any building, structure, or equipment
or incur any additional expense which would not otherwise be incurred in order to
comply with parts 3, 4, 6, and 7 of this article.
(3) In exercising the powers and performing the duties and functions under
parts 3 to 7 of this article, the commission, the division, and the director shall
presume that the conduct of any respondent is not unfair or discriminatory until
proven otherwise.
(4) Whether by rule, regulation, or other action or whether as a remedy for
violation of any provision of parts 3 to 7 of this article or otherwise, the commission
shall not prescribe or require the implementation of a quota system.