4 CCR 801-1, ch. 9 - Fair Employment Practices

Authority for rules promulgated in Chapter 9, Fair Employment Practices, is found in the Colorado Constitution Art. XII § 13(1), C.R.S. Title 24, Article 34, Part 4, and in C.R.S. § 24-50-112.5(1)(b). Board rules are identified by cites beginning with "Board Rule".

General Principles

Board Rule 9-1. It is to the benefit of the state to employ a diverse workforce that reflects the character of its general population to assist in providing effective services to citizens.

Board Rule 9-2. The state is committed to special efforts to increase representation of the population throughout all levels of the state personnel system. The state will continue to attract and retain qualified persons representing the population as future changes occur.

Discrimination

Board Rule 9-3. Discrimination and/or harassment against any person is prohibited because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, age, national origin, ancestry, political affiliation, veteran's status, marital status, or any other protected class recognized under the Colorado Anti-Discrimination Act (CADA). This applies to all employment decisions.

Board Rule 9-4. In determining whether discrimination or harassment has occurred, the Board shall apply Colorado law, including the standards and guidelines adopted by the Colorado Civil Rights Commission. The Board may refer to federal law in the event Colorado legal standards are unclear.

Board Rule 9-5. Each department shall notify applicants and employees of Board Rule 9-3 prohibiting discrimination and harassment. Any means or method reasonably designed to clearly communicate the information may be used.

A. Each department will notify applicants and employees of the title, business address, email address, and telephone number of the ADA coordinator. Appointing authorities and employees should consult with their ADA coordinator concerning what constitutes a disability, reasonable accommodation, and undue hardship.

Board Rule 9-6. If the Board finds that discrimination or harassment has occurred, it may order affirmative relief that the Board determines to be appropriate, including reinstatement or rehiring of employees, with or without back pay, front pay, and any other relief authorized by the statutes governing the Board. This does not prohibit settlement by the parties at any stage of the proceedings.

Disputes

Board Rule 9-7. For any complaint of discrimination or harassment within the Board's and the Director's jurisdiction, refer to the provisions in Chapter 8, Resolution of Appeals and Disputes, for further information. For complaints of discrimination or harassment outside the Board's jurisdiction, a person may be able to bring claims in other forums and should consult with an attorney.

Notes

4 CCR 801-1, ch. 9

37 CR 22, November 25, 2014, effective 1/1/2015 37 CR 24, December 25, 2014, effective 1/14/2015 40 CR 02, January 25, 2017, effective 2/14/2017 40 CR 23, December 10, 2017, effective 1/1/2018 40 CR 24, December 25, 2017, effective 1/14/2018 42 CR 19, October 10, 2019, effective 11/1/2019 43 CR 05, March 10, 2020, effective 4/1/2020 43 CR 13, July 10, 2020, effective 8/1/2020 43 CR 24, December 25, 2020, effective 2/1/2021 44 CR 05, March 10, 2021, effective 4/1/2021 44 CR 07, April 10, 2021, effective 5/1/2021 44 CR 10, May 25, 2021, effective 7/1/2021 44 CR 12, June 25, 2021, effective 9/1/2021 45 CR 11, June 10, 2022, effective 7/1/2022 45 CR 14, July 25, 2022, effective 9/1/2022 46 CR 08, April 25, 2023, effective 7/1/2023