3 Colo. Code Regs. § 708-1-10.2

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 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.

3 CCR 708-1-10.2

37 CR 22, November 25, 2014, effective 12/15/2014

43 CR 12, June 25, 2020, effective 7/15/2020

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 04, February 25, 2023, effective 3/30/2023

46 CR 23, December 10, 2023, effective 12/30/2023