Bill Number: SB110
ACLU Position: Passive Support
Sponsors: Sen. Morse; Rep. Levy
Sunset Process – Senate Judiciary Committee. Implements the recommendations of the department of regulatory agencies in its sunset review of the Colorado civil rights division (division), the Colorado civil rights commission (commission), and the subpoena powers of the director of the division (director) as follows:
- Continues the commission and the division and their respective functions through July 1, 2018.
- Continues the subpoena powers of the director in employment discrimination cases, extends those powers to all other civil rights cases under the jurisdiction of the division and the commission, and eliminates the separate sunset review of the subpoena powers of the director.
- Authorizes the commission, a commissioner, or the attorney general to initiate a charge of a discriminatory or unfair practice in cases that indicate a significant societal or community impact and limits the remedy in such cases to equitable relief to eliminate the discriminatory or unfair practice.
- Authorizes the director to delegate certain tasks to division staff, including the ability to sign a determination of probable cause.
- Reassigns to the division some procedural tasks that are statutorily assigned to the commission but are currently performed by the division, including the intake and processing of complaints alleging a discriminatory or unfair practice and the issuance of right-to-sue letters.
- Eliminates the requirement that charges of discriminatory or unfair practices be filed in duplicate.
- Adds to the definition of "discriminatory or unfair employment practice" adverse employment actions that impact an employee's terms, conditions, or privileges of employment.
- Adds to the commission's jurisdiction cases in which an employer interferes with, restrains, or denies an employee the right to leave from work because the employee is seeking protection as a victim of domestic abuse, stalking, sexual assault, or another crime involving domestic violence.
- In addition to the existing remedies of reinstatement or hiring, back pay, front pay, or other equitable relief in cases of discriminatory or unfair employment practices, allows a complaining party or plaintiff to recover compensatory and punitive damages, subject to specified limits based on the size of the employer, and reasonable attorney fees and costs.
- Harmonizes provisions relating to discrimination in places of public accommodation to ensure that the remedies apply to unlawful retaliation against persons who complain of unlawful discrimination in places of public accommodation.
05/14/2009 Signed by Governor
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