(1) The director has the power to administer, carry out, and enforce all of the provisions of this part 2 and may promulgate rules for that purpose. The director shall provide written copies of rules promulgated pursuant to this section to all employees and employers upon written request.
(2) (a) A person who claims to be aggrieved by a violation of section 8-5-201 or 8-5-202 may file a written complaint with the director within one year after the date that the person learned of the violation. The written complaint must state the name and address of the employer and a detailed account of the alleged violation.
An employer's failure to comply with section 8-5-201 (1) for one promotional opportunity is considered one violation.
An employer's failure to comply with section 8-5-201 (2) for one job opening isconsidered one violation regardless of the number of postings that list the job opening.
The director shall investigate complaints of violations of this part 2 and shall promulgate rules necessary to govern the investigations.
Upon finding that an employer has violated this part 2, the director may order theemployer to pay a fine of no less than five hundred dollars and no more than ten thousand dollars per violation.
If an employee bringing suit for a violation of section 8-5-102 demonstrates a violation of this part 2, and the court finds a violation of this part 2, the court may order appropriate relief, including a rebuttable presumption that records not kept by the employer in violation of section 8-5-202 contained information favorable to the employee's claim and an instruction to the jury that failure to keep records can be considered evidence that the violation was not made in good faith.
Source: L. 2019: Entire part added, (SB 19-085), ch. 247, p. 2416, § 8, effective January 1, 2021.