Colorado § 24-34-408 - Employer record keeping - repository of discrimination complaints - definition.

§ 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) (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.

Source: L. 2023: Entire section added, (SB 23-172), ch. 389, p. 2329, § 5, effective August 7. L. 2024: (2)(b) amended, (SB 24-160), ch. 445, p. 3116, § 3, effective August 7.

Cross references: For the short title ("Protecting Opportunities and Workers' Rights (POWR) Act") in SB 23-172, see section 1 of chapter 389, Session Laws of Colorado 2023.

PART 5

HOUSING PRACTICES

Editor's note: (1) This part 5 was numbered as article 1 of chapter 25, C.R.S. 1963. Parts 3 to 8 of this article were repealed and reenacted in 1979, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 5 prior to 1979, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

(2) The former provisions of this part 5 were relocated to part 6 of this article in 1979.

Law reviews: For article, "Transgender Discrimination Law: Developments Under Colorado and Federal Law", see 45 Colo. Law. 51 (Sept. 2016); for article, "CADA: The Intersection of LGBT Civil Rights and Religious Freedom", see 46 Colo. Law. 31 (Jan. 2017).