Practicing Before the Colorado Civil Rights Commission
| Publication year | 1988 |
| Pages | 259 |
1988, February, Pg. 259. Practicing Before the Colorado Civil Rights Commission
Each, year, the number of discrimination charges filed in this state rises. This introduction to practice before the Colorado Civil Rights Division and Commission offers assistance to attorneys who are unfamiliar with state civil rights procedures. Due to the various types of discrimination prohibited by the Colorado Anti-discrimination Act ("Act")(fn1) and the various areas to which the Act applies, the focus is on procedural issues and practical concerns rather than on the substantive law. It is assumed that the reader has some familiarity with the Colorado Administrative Procedure Act.(fn2)
The Colorado Civil Rights Division ("CCRD" or "Division") is part of the Department of Regulatory Agencies, whose Executive Director appoints the Director of the Division.(fn3) The Colorado Civil Rights Commission ("CCRC" or "Commission"), which consists of seven members appointed by the Governor, is part of the Division.(fn4)
The Commission, through the Division staff, receives and investigates allegations of unfair or discriminatory practices.(fn5) The Commission also has the power to adopt rules and regulations and to investigate and study the existence, character, causes and extent of discriminatory practices as defined by the Act.(fn6)
The Act defines unfair and discriminatory practices in the areas of employment, housing, public accommodation and advertising.(fn7) In the area of employment, it is an unfair or discriminatory practice for an employer to refuse to hire, discharge, promote, demote or discriminate in matters of compensation against any person otherwise qualified because of handicap, race, creed, color, sex, age, national origin or ancestry.(fn8)
The Act also covers allegations of unfair practices by employment agencies, labor organizations, joint apprenticeship committees and vocational schools. Actions to prevent or obstruct compliance with the Act are unfair practices.(fn9)
It is a discriminatory or unfair housing practice to refuse to show, sell, transfer, rent or lease, or discriminate in the furnishing of facilities or services in connection with these transactions, based upon a person's handicap, race, creed, color, sex, marital status, religion, national origin or ancestry.(fn10) Oral or written inquiries or maintaining records of these traits or categories are not allowed.(fn11) The Act applies to financial assistance for acquisition, construction, rehabilitation, repair or maintenance of any house.(fn12) It prohibits restrictive covenants, advertisements indicating preferences and coercion.
It is a violation for an owner or manager to discharge, demote or discriminate in matters of compensation against an agent or employee because of their compliance with the Act. Compliance with local zoning ordinances or residential restrictions based on marital status is not a violation of the Act. Nonprofit, fraternal, educational or social organizations or clubs that do not have the purpose of promoting discrimination are exempted from coverage.(fn13)
It is unlawful to refuse full and equal enjoyment of public accommodations to...
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