Chapter 24 - § 24.4 • ENFORCEMENT, CHOICE OF LAW, PROCEDURE, AND REMEDIES

• Jurisdiction: Colorado

§ 24.4 • ENFORCEMENT, CHOICE OF LAW, PROCEDURE, AND REMEDIES

§ 24.4.1—Enforcement

At the federal level, the Equal Opportunity Employment Commission (EEOC) was created to enforce Title VII of the Civil Rights Act of 1964 (Title VII), the Pregnancy Discrimination Act, the Equal Pay Act of 1963, ADEA, parts of the Civil Rights Act of 1991, parts of the Rehabilitation Act of 1973, and the Genetic Information Nondiscrimination Act of 2008 (GINA).⁶² The EEOC is an independent commission comprised of five members and a general counsel, all presidentially appointed.⁶³ The EEOC has a regional office in most major cities.⁶⁴ The EEOC's functions include investigation, conciliation, litigation, interpretation and guidance, record keeping, and dispute resolution.⁶⁵

The Colorado Civil Rights Division (CCRD) is the state enforcement agency. The CCRD was established to "adopt, publish, amend, and rescind rules" to implement Colorado's anti-discrimination laws.⁶⁶

§ 24.4.2—Choice of Law

Both federal and Colorado law prohibit age discrimination, and federal law is not exclusive.⁶⁷ Depending on the type of claim and facts presented, an applicant or employee who is the victim of discrimination should consider his or her remedies under both federal and state law, the procedural requirements of both types of claims, and other types of remedies (including tort and contract law).

§ 24.4.3—Procedure

All age discrimination complaints must first be filed with the EEOC and/or the CCRD before pursuing an action in district court.⁶⁸ However, a favorable finding from either agency is not required to pursue a claim in district court; the administrative remedies just must be exhausted.⁶⁹

A claim must be filed with the EEOC within 300 days or with the CCRD within six months of the last discriminatory act.⁷⁰ Once filed, the agencies will investigate the claim and issue an opinion as to whether there is reasonable cause to believe the employer engaged in unlawful discrimination.⁷¹ The applicant, employee, or agency may then decide whether to pursue the claim in district court, or, without waiting for an opinion, the claimant may file an ADEA lawsuit 60 days or later after filing an agency charge.⁷²

With respect to proper procedure for settling ADEA claims with an employer, the elder law attorney should refer to the Older Worker Benefit Protection Act (OWBPA).⁷³ OWBPA requires that, for a waiver of ADEA rights in a settlement agreement to be enforceable, the waiver must meet certain...