Chapter 10 - § 10.3 • ENFORCEMENT BY THE COLORADO CIVIL RIGHTS DIVISION

• Jurisdiction: Colorado

§ 10.3 • ENFORCEMENT BY THE COLORADO CIVIL RIGHTS DIVISION

§ 10.3.1—CCRD Authority And Structure

The Colorado Civil Rights Division (CCRD) is charged with enforcement of CADA. The CCRD is, in turn, supervised by the Commission, which includes approximately equal representation in the business and state government community.³ It investigates charges, issues cease and desist orders, and holds hearings, as appropriate. The duties of the Commission "are geared toward eliminating discriminatory practices on a broad scale rather than addressing the harm such practices cause on a case-by-case basis." Brooke, 906 P.2d at 69. The statutes and regulations illuminate this objective by detailed description of the CCRD's duties to (1) investigate and determine the "extent of unfair or discriminatory practices" and to "formulate plans for the elimination thereof by educational or other means"; (2) "issue publications and reports, promote goodwill among the various racial, religious, age, and ethnic groups of the state and which will tend to minimize or eliminate discriminatory or unfair practices"; (3) recommend policies and legislation to the governor and the legislature; and (4) "cooperate . . . with other agencies and organizations . . . in the planning and conducting of educational programs designed to eliminate racial, religious, cultural, age and intergroup tensions." C.R.S. § 24-34-305(1).

In 2009, CADA was amended to expand the duration and powers of the CCRD and to empower the division to hire more investigators and new support staff, and to initiate charges on its own behalf. Now, the Commission, a commissioner, or the attorney general on its own motion may make, sign, and file a charge alleging a discriminatory or unfair practice in cases where the Commission, a commissioner, or the attorney general determines that the alleged discriminatory or unfair practice imposes a significant societal or community impact. C.R.S. § 24-34-306(1)(b). When the Commission, a commissioner, or the attorney general files a charge, the remedy available for the discriminatory or unfair practice is limited to equitable relief to eliminate the discriminatory or unfair practice.

Practice Pointer
The CCRD and the federal Equal Employment Opportunity Commission (EEOC) are parties to a work-sharing agreement between the agencies. Thus, filings are considered duly filed for purposes of determining whether the filing was timely. The EEOC can only investigate and prosecute cases over

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