Enforcement - rules - complaints

(1) (a) The director shall: (I) Create and administer a process to accept complaints and provide legal resources concerning alleged violations of section 8-5-102, and shall promulgate rules as necessary for this purpose; (II) On or before July 1, 2024, create and administer a process to mediate complaints regarding alleged violations of section 8-5-102 and promulgate rules as necessary for this purpose; (III) Investigate complaints or other leads concerning employer violations of section 8-5-102, except if the complaint concerns the state of Colorado as the employer, that, in the director's good faith discretion and judgment, warrant investigation; (IV) Upon finding of a violation of section 8-5-102, order compliance and relief as authorized by this part 1; and (V) Promulgate rules to enforce this article 5. (b) For the purpose of investigating a violation of this part 1, the director may apply the information-gathering provisions of article 1 of this title 8 to an employer, employee, or other person. (c) The process created and administered by the director, including the rules for the investigation of alleged complaints for violations of section 8-5-102 and any fines levied or corrective action taken by the director, does not affect or prevent the right of an aggrieved person from commencing a civil action pursuant to subsection (2) of this section. (2) A person aggrieved by a violation of section 8-5-102 may commence a civil action in district court no later than two years after the violation occurs. A violation of section 8-5-102 (1) occurs on each occasion that a person is affected by wage discrimination, including each occasion that a discriminatory wage rate is paid. (3) A person aggrieved by a violation of section 8-5-102 may obtain relief for back pay for the entire time the violation continues, not to exceed six years. (4) If a civil action is commenced under this section, any party to the civil action may demand a trial by jury. (5) Nothing in this section prevents an aggrieved person from filing a charge with the Colorado civil rights division pursuant to section 24-34-306.