3 CCR 708-1-10.2 - Definitions
(A)
"Administrative Law Judge" (ALJ) means a hearing officer appointed by the
Commission through the Office of Administrative Courts of the Department of
Personnel and Administration or a hearing officer appointed by the Governor at
the request of the Commission, for purposes of conducting an administrative
hearing authorized by the Law.
(B)
"Auxiliary Aids" means services or devices that enable persons with
disabilities to have an equal opportunity to participate in, and enjoy the
benefits of public accommodations, public entities, and other activities,
programs, employment, housing, and services. Such services or devices may
include, but are not limited to, the following: qualified readers, qualified
interpreters, service animals, breathing equipment, wheelchairs, walkers, and
orthopedic appliances.
(C) "Bona
Fide Occupational Qualification" (BFOQ) means employment qualifications that
employers are allowed to consider while making decisions about hiring and
retention of employees. The qualification should relate to an essential job
duty and is necessary for operation of the particular business.
(D) "Charging Party" or "Complainant" means a
person alleging a discriminatory or unfair practice prohibited by the
Law.
(E) "Commission" means the
Colorado Civil Rights Commission created by §
24-34-303, C.R.S.
(F) "Commissioner" means a member of the
Commission.
(G) "Covered Entity"
means any person, business, or institution required to comply with the anti-
discrimination provisions of the Law.
(H) "Creed" means all aspects of religious
beliefs, observances or practices, as well as sincerely-held moral and ethical
beliefs as to what is right and wrong, and/or addresses ultimate ideas or
questions regarding the meaning of existence, as well as the beliefs or
teachings of a particular religion, church, denomination or sect. A creed does
not include political beliefs, association with political beliefs or political
interests, or membership in a political party.
(I) "Days" means calendar days.
(J) "Director" means the director of the
Colorado Civil Rights Division, which office is created by §24- 34-302,
C.R.S.
(K) "Discriminatory or
Unfair Practice" means one or more acts, practices, commissions or omissions
prohibited by the Law.
(L)
"Division" means the Colorado Civil Rights Division, created by §
24-34-302, C.R.S.
(M) "Employee" means any individual employed
by an employer. An "employee" does not include the following:
(1) An independent contractor, as provided in
Rule 75;
(2) A non-paid or
uncompensated volunteer of a nonprofit organization or governmental
agency;
(3) A partner, officer,
member of a board of directors, or major shareholder, however if the individual
is subject to the organization's direction and control and does not participate
in managing the organization, then the individual shall be considered an
employee;
(4) An elected
governmental official or a person appointed to serve the remainder of a term of
an elected governmental official; or
(5) A religious minister, whether lay or
ordained, or other employee of a church or religious organization whose job
duties are primarily of a ministerial, religious, spiritual or non- secular
nature.
(N) "Employer"
shall have the meaning set forth in §
24-34-401(3),
C.R.S., and references in these rules to "employers" shall include "employment
agencies" as defined in §
24-34-401(4),
C.R.S., and "labor organizations" as defined in §
24-34-401(6),
C.R.S.
(O) "Facility" means all or
any portion of buildings, structures, equipment, roads, walks, parking lots, or
other real or personal property or interest in such property.
(P) "Gender identity" means an individual's
innate sense of the individual's own gender, which may or may not correspond
with the individual's sex assigned at birth.
(Q) "Gender expression" means an individual's
way of reflecting and expressing that individual's gender to the outside world,
typically demonstrated through appearance, dress, and behavior.
(R) "Investigation" means the systematic
inquiry into the allegations of a charge by the Division and its Staff pursuant
to its authority under 24-34-302 and 306.
(S) "Law" means Parts 3 through 8 of Article
34 of Title
24, of the Colorado Revised Statutes.
Whenever these Rules refer to a provision of the Law or any other statutory or
regulatory provision, the reference shall mean the current statutory or
regulatory provision in effect, as hereinafter amended, revised, or
re-codified.
(T) "Mail" means first
class, postage pre-paid, United States mail, facsimile, or electronic
mail.
(U) "Major life activities"
means life functions, including, but not limited to, the following: caring for
one's self, performing manual tasks, walking, standing, seeing, hearing,
speaking, breathing, eating, sleeping, procreating, learning, reading,
concentrating, thinking, communicating, and working. Major life activities also
include major bodily functions, including, but not limited to the following:
functions of the immune system; cell growth; digestive, bladder and bowel
functions; neurological and brain functions; respiratory and circulatory
functions; endocrine functions; and reproductive functions.
(V) "National origin" refers to the country
where a person was born, or, more broadly, the country from which his or her
ancestors came.
(W) "Party" or
"parties" means the Charging Party/Complainant and/or the Respondent.
(X) "Petitioner" means a party who applies to
the appropriate court for judicial review or enforcement of final agency action
or a party seeking declaratory relief under these Rules.
(Y) "Religion" means all aspects of religious
observance, belief and practice. A person does not have to be a member or
follower of a particular organized religion, sect or faith tradition to have a
religion.
(Z) "Respondent" means
any person, agency, organization, or other entity against whom a charge is
filed pursuant to any provisions of the Law.
(AA) "Sexual orientation," means an
individual's identity, or another individual's perception thereof, in relation
to the gender or genders to which the individual is sexually or emotionally
attracted and the behavior or social affiliation that may result from the
attraction.
(BB) "Substantially
limits" means the inability to perform a major life activity that most people
in the general population can perform, or a significant restriction as to the
condition, manner or duration under which an individual can perform a
particular major life activity as compared to the condition, manner, or
duration under which most people in the general population can perform that
same major life activity.
(CC)
"Staff" means the Director and all persons employed to carry out the functions
and duties of the Division pursuant to §
24-34-302, C.R.S.
Notes
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