C.R.S. Section 8-5-103
Enforcement

  • rules
  • complaints

(1)

[Editor’s note:
This version of subsection (1) is effective until January 1, 2024.]
The director is authorized to create and administer a process to accept and mediate complaints and to provide legal resources concerning alleged violations of section 8-5-102, and to promulgate rules as necessary for this purpose. The process created and administered 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.

(1)

[Editor’s note:
This version of subsection (1) is effective January 1, 2024.]

(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)

[Editor’s note:
This version of subsection (3) is effective until January 1, 2024.]
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 three years.

(3)

[Editor’s note:
This version of subsection (3) is effective January 1, 2024.]
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.

Source: Section 8-5-103 — Enforcement - rules - complaints, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Dec. 24, 2024).

Green check means up to date. Up to date

Current through Fall 2025

§ 8-5-103’s source at colorado​.gov