(1) The director is authorized to create and administer a process to accept and mediate complaints and to provide legal resources concerning alleged violations of section 8-5-102, and to promulgate rules as necessary for this purpose. The process created and administered 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.
A person aggrieved by a violation of section 8-5-102 may commence a civil action indistrict 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.
A person aggrieved by a violation of section 8-5-102 may obtain relief for back payfor the entire time the violation continues, not to exceed three years.
If a civil action is commenced under this section, any party to the civil action maydemand a trial by jury.
Nothing in this section prevents an aggrieved person from filing a charge with theColorado civil rights division pursuant to section 24-34-306.
Source: L. 55: p. 504, § 3. CRS 53: § 80-23-3. C.R.S. 1963: § 80-3-3. L. 69: p. 593, § 69. L. 86: Entire section amended, p. 472, § 31, effective July 1. L. 2019: Entire section amended, (SB 19-085), ch. 247, p. 2414, § 5, effective January 1, 2021.
Editor's note: Section 9(2) of chapter 247 (SB 19-085), Session Laws of Colorado 2019, provides that the act changing this section applies to violations that occur on or after January 1, 2021.
Cross references: For the short title ("Equal Pay for Equal Work Act") and the legislative declaration in SB 19-085, see sections 1 and 2 of chapter 247, Session Laws of Colorado 2019.