C.R.S. Section 24-34-408
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)

Intentionally left blank —Ed.

(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.

Source: Section 24-34-408 — Employer record keeping - repository of discrimination complaints - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑34‑101
Department created - executive director 24‑34‑104
General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal 24‑34‑104.1
General assembly sunrise review of new regulation of occupations and professions - definition - repeal 24‑34‑104.5
Cost of reports - charges 24‑34‑106
Professions and occupations - alternative to existing disciplinary actions 24‑34‑107
Applications for licenses - authority to suspend licenses - rules 24‑34‑108
Consumer outreach and education program - creation - cash fund - fine surcharge 24‑34‑111
Posting summary transparency reports required by federal law 24‑34‑301
Definitions 24‑34‑302
Civil rights division - director - powers and duties 24‑34‑303
Civil rights commission - membership 24‑34‑304
Division and commission subject to termination - repeal of part 24‑34‑305
Powers and duties of commission 24‑34‑306
Charge - complaint - hearing - procedure - exhaustion of administrative remedies 24‑34‑307
Judicial review and enforcement 24‑34‑308
Enforcement of federal law prohibited 24‑34‑309
Public education - service and assistance animals - form used in housing 24‑34‑400.2
Legislative declaration 24‑34‑401
Definitions 24‑34‑402
Discriminatory or unfair employment practices - affirmative defense - definition 24‑34‑402.3
Prohibition of discrimination - pregnancy, childbirth, and related conditions - reasonable accommodations required - notice of rights - definitions 24‑34‑402.5
Unlawful prohibition of legal activities as a condition of employment 24‑34‑402.7
Unlawful action against employees seeking protection 24‑34‑403
Time limits on filing of charges 24‑34‑404
Charges by employers and others 24‑34‑405
Relief authorized - short title 24‑34‑406
Ruling on unemployment benefits not a bar 24‑34‑407
Nondisclosure agreements - requirements for enforcement - penalties for noncompliance 24‑34‑408
Employer record keeping - repository of discrimination complaints - definition 24‑34‑501
Definitions 24‑34‑502
Unfair housing practices prohibited - definition 24‑34‑502.2
Unfair or discriminatory housing practices against individuals with disabilities prohibited 24‑34‑503
Refusal to show housing 24‑34‑504
Time limits on filing of charges 24‑34‑505
Charges by other persons 24‑34‑505.5
Enforcement by the attorney general 24‑34‑505.6
Enforcement by private persons 24‑34‑506
Probable cause 24‑34‑506.5
Conciliation agreements 24‑34‑507
Injunctive relief 24‑34‑508
Relief authorized 24‑34‑509
Enforcement sought by commission 24‑34‑601
Discrimination in places of public accommodation - definition 24‑34‑602
Penalty and civil liability 24‑34‑603
Jurisdiction of county court - trial 24‑34‑604
Time limits on filing of charges 24‑34‑605
Relief authorized 24‑34‑701
Publishing of discriminative matter forbidden 24‑34‑702
Presumptive evidence 24‑34‑703
Places of public accommodation - definition 24‑34‑704
Exceptions 24‑34‑705
Penalty 24‑34‑706
Time limits on filing of charges 24‑34‑707
Relief authorized 24‑34‑801
Legislative declaration 24‑34‑802
Violations - penalties - immunity 24‑34‑803
Rights of individuals with service animals 24‑34‑804
Service animals - violations - penalties 24‑34‑805
Family preservation safeguards for families that include a parent with a disability - protections - legislative declaration - definitions 24‑34‑901
Proposed continuing education requirements for regulated occupations and professions - review by office of executive director 24‑34‑1001
Legislative declaration 24‑34‑1002
Definitions 24‑34‑1003
Task force on the rights of Coloradans with disabilities - creation - membership - report 24‑34‑1004
Subcommittee on the rewrite and modernization of the Colorado Revised Statutes concerning civil rights of persons with disabilities - membership - purpose - reporting 24‑34‑1005
Subcommittee on basic access to Colorado outdoors for persons with disabilities - membership - purpose - reporting 24‑34‑1006
Subcommittee on affordability, accessibility, and attainability of housing for persons with disabilities - membership - purpose - reporting 24‑34‑1007
Subcommittee on physical and programmatic basic access within state and local government for persons with disabilities - membership - purpose - reporting 24‑34‑1008
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 24-34-408’s source at colorado​.gov