4 Colo. Code Regs. § 801-1 Chapter 9
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.
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.
4 CCR 801-1 Chapter 9