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

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

(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.

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.

Cross references: For the short title ("Equal Pay for Equal Work Act") and the legislative declaration in SB 19-085, see sections 1 and 2 of chapter 247, Session Laws of Colorado 2019.