PROHIBITION OF DISCRIMINATION IN EMPLOYMENT, HOUSING AND COMMERCIAL SPACE, PUBLIC ACCOMMODATIONS, EDUCATIONAL INSTITUTIONS AND HEALTH AND WELFARE SERVICES

Denver Revised Municipal Code ch. 28, art. IV

in effect

Denver Revised Municipal Code § 28-91 Intent of council.

Sec. 28-91. - Intent of council. (a) It is the intent of the council that every individual shall have an equal opportunity to participate fully in the economic, cultural, and intellectual life of the city and to have an equal opportunity to participate in all aspects of life, including, but not limited to, employment, housing and commercial space, public accommodations, education and health and welfare services. (b) It is the intent of the council in enacting this article to eliminate discrimination in the city by reason of race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age, sexual orientation, gender identity, gender expression, marital status, source of income, military status, protective hairstyle, or disability. Discriminatory practices as defined in this article may be subject to investigation, conciliation, administrative hearings and orders or other enforcement procedures. (c) Except where specifically provided, the provisions of section 1-13 do not apply to this article. (d) Any provision of this article that prohibits discrimination based on citizenship or immigration status does not apply when any federal, state, or city law imposes citizenship or lawful immigration status as a requirement or condition for receiving any employment, contract, benefit, or service. (Ord. No. 623-90, § 2, 10-15-90; Ord. No. 893-91, § 1, 12-2-91; Ord. No. 934-01, § 1, 11-5-01; Ord. No. 788-18, § 1, 8-6-18; Ord. No. 29-20, § 1, 1-27-20; Ord. No. 773-21, § 2, 8-2-21)

Denver Revised Municipal Code § 28-92 Definitions.

Sec. 28-92. - Definitions. The following words and terms when used in this article shall have the following meanings: (a) Age: A chronological age of at least forty (40) years. (b) Agency: The agency for human rights and community partnerships. (c) Director: The agency's duly appointed executive director. (d) Disability: Has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990," 42 U.S.C. sec. 1201 et seq., and its related amendments and implementing regulations. (e) Educational institution: Any private educational institution, including an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system or university and a business, nursing, professional, secretarial, technical or vocational school and includes an agent of an educational institution. (f) Employee: Any individual employed by or applying for employment with an employer. (g) Employer: Any person, excluding governmental entities and political subdivisions but including any agent of such entity or subdivision where the agency relationship is created by a written contract, engaged in an industry affecting commerce who has ten (10) or more employees for each working day in each of ten (10) or more calendar weeks in the current or preceding calendar year; the term shall also mean any agent of such a person. (h) Employment agency: Any person regularly undertaking or attempting with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. (i) Gender. The attitudes, feelings, and behaviors that a given culture associates with a person's sex assigned at birth. One's gender may be man, woman, genderqueer, androgynous, or other. Behavior that is compatible with cultural expectations is referred to as gender-normative; behavior that is viewed as incompatible with cultural expectations is gender non-conformity. (j) Gender expression: A person's expression of gender identity through appearance and behavior including how an individual believes that the individual is perceived by others. (k) Gender identity: A person's sense of oneself as a man, woman, or something else. When a person's gender identity or gender expression and sex assigned at birth are not congruent, the individual may identify along the transgender spectrum. (l) Labor organization: Any organization, agency, employee representation committee, group, association or plan in which employees participate directly or indirectly and which exists for the purpose, in whole or in part, of dealing with employers or any agent thereof concerning grievances, labor disputes, wages, rates of pay, hours or other terms, conditions or privileges of employment and any conference, general committee, joint or system board or joint council which is subordinate to a national or international labor organization. (m) Marital status: The state of being married, single, divorced, separated or widowed and the usual conditions associated therewith, including parenthood. (n) Military status: Being or having been in the service of the military. (o) Place of public accommodation: (1) As specified in the Denver Zoning Code: All lodging accommodations including without limitation bed and breakfast lodging, extended stay hotels, hotels, hostels, motels, single room occupancy (SRO) hotels, rooming or boarding houses; short-term rentals including without limitation vacation rentals and other short-term rental places or establishments; eating and drinking establishments; shops, stores, and other kinds of business establishments dealing with goods or services of any kind; hospitals and group living facilities including assisted living facilities, nursing homes, hospices, and residences for older adults; shelters; recreational facilities, public parks; theaters of all kinds, and any establishments licensed under chapter 7 (Amusements) of this Code. (2) Any establishment licensed under the Colorado Liquor Code or the Colorado Beer Code; all banks, credit information services and all other financial institutions; insurance companies and establishments of insurance brokers; clinics, dental or medical; clubs and lodges; bathhouses and swimming pools; commercial or public garages, public transportation as well as the stations or terminals thereof; any establishment offering travel or tour services; public areas and public elevators of buildings and structures, any place of business, services, or other kinds of establishments providing health and welfare services in accordance with section 28-97; and any place of business, services, or other kinds of establishments engaged in or offering sales, services, facilities, privileges, advantages, or accommodations to the public that receives or is otherwise supported by money raised by taxation or public borrowing. (p) Protective hairstyle: A hair texture, hair type, or hairstyle commonly or historically associated with one's race, including, but not limited to, braids, locs, twists, tight coils or curls, cornrows, bantu knots, afros, and headwraps. (q) Real estate broker or salesperson: Any person licensed as such in accordance with the provisions of the Colorado Real Estate Commission. (r) Religious entity: A church, synagogue, mosque, temple, congregation, or other place that is principally used for religious purposes. (s) Religious organization: A religious corporation, religious institution, religious society, or other organization or association that is not organized for private profit, not supported in whole or in part by money raised by taxation or public borrowing, controlled by or operated in connection with a religious entity, and engages in the study or advancement of religion or engages in the works of education, benevolence, charity, or missions. (t) Sexual orientation: A component of a person's identity that includes sexual and emotional attraction to another person and the behavior or social affiliation that may result from this attraction. A person may be attracted to men, women, both, neither, or to people who are genderqueer, androgynous, or have other gender identities. Individuals may identify as lesbian, gay, heterosexual, bisexual, queer, pansexual, or asexual, among others. (u) Source of income: Any lawful, verifiable source of income or housing assistance paid to or on behalf of a renter or buyer including, but not limited, to monies from any occupation or activity, from any contract, agreement, loan or settlement, from any court-ordered payments such as child support, from payments received as gifts, bequests, annuities or life insurance policies, or from federal, state or local payments, including disability benefits and housing choice vouchers or any other rent subsidy or rent assistance program and related program requirements. (v) Transaction in real property: Exhibiting, listing, advertising, negotiating, agreeing to transfer or transferring, whether by sale, lease, sublease, rent, assignment or other agreement, any interest in real property or improvements thereon. (Ord. No. 623-90, § 2, 10-15-90; Ord. No. 934-01, § 2, 11-5-01; Ord. No. 788-18, § 2, 8-6-18; Ord. No. 29-20, § 2, 1-27-20; Ord. No. 773-21, § 3, 8-2-21)

Denver Revised Municipal Code § 28-93 Discriminatory practices in employment.

Sec. 28-93. - Discriminatory practices in employment. (a) Generally. It is a discriminatory practice to do any of the following acts based upon the race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age, sexual orientation, gender expression, gender identity, marital status, military status, protective hairstyle, or disability of any individual who is otherwise qualified: (1) By an employer: To fail or refuse to hire an applicant or to discharge any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment, including promotion; or to limit, segregate or classify employees in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect status as an employee. With regard to a disability, it is not a discriminatory or an unfair employment practice for an employer to act as provided in this paragraph (a) if there is no reasonable accommodation that can be made, the disability disqualifies the person from the job, or the disability has a significant impact on the job; (2) By an employment agency: To fail or refuse to refer or classify for employment any individual or to otherwise discriminate against any individual. With regard to a disability, it is not discriminatory or an unfair employment practice for an employment agency to refuse to list and properly classify for employment or to refuse to refer an individual for employment in a known available job for which such individual is otherwise qualified if there is no reasonable accommodation that can be made with regard to the disability, the disability disqualifies the applicant from the job, and the disability has a significant impact on the job; (3) By a labor organization: To exclude or remove from its membership, limit, segregate, or classify its membership, fail or refuse to refer or classify for employment any individual, or to otherwise discriminate against any individual in any way that would deprive, limit, or adversely affect such individual of employment opportunities; or (4) By an employer, employment agency, apprenticeship program, labor organization or joint labor/management council: a. To discriminate against any individual in admission to or employment in any program established to provide apprenticeship, training, or retraining, including on-the-job training programs. With regard to a disability, it is not discriminatory or an unfair employment practice to deny or withhold admission or participation in any such program if no reasonable accommodation can be made with regard to the disability, the disability disqualifies the applicant from the program, and the disability has a significant impact on participation in the program; and b. To communicate, print or publish or cause to be communicated, printed or published any notice or advertisement or use any publication form relating to employment by such employer or to membership in or any classification or referral for employment by such a labor organization or to any classification or referral for employment by such an employment agency indicating any preference, limitation, specification or distinction based on the race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age, sexual orientation, gender expression, gender identity, marital status, military status, protective hairstyle, or disability of any individual. (b) Prohibition of discrimination—pregnancy, childbirth, and related conditions. (1) Discrimination on the basis of gender includes but is not limited to discrimination on the basis of pregnancy, childbirth or related medical conditions. (2) An employer, employment agency, apprenticeship program, labor organization, or a joint labor/management council may not: a. Treat disabilities caused or contributed to by pregnancy, miscarriage, childbirth or recovery therefrom, differently than other temporary disabilities under any health or temporary disability insurance, or sick leave plan available in connection with employment. An employer, employment agency, apprenticeship program, labor organization, or a joint labor/management council must afford pay, tenure, benefits, seniority, and re-instatement for medically necessary pregnancy-related absences in the same manner as they are for other medically necessary absences; b. Refuse to reasonably accommodate an existing or prospective employee's condition related to pregnancy, childbirth, or a related medical condition, including, but not limited to, the need to express breast milk for a nursing child; unless the employer can demonstrate that the accommodation presents an undue hardship on a program, enterprise, or business; c. Require an employee to take leave if another reasonable accommodation can be provided for the employee's condition related to pregnancy, childbirth, or a related medical condition; or d. Deny employment opportunities to an existing or prospective employee, if such denial is based on the employer's refusal to reasonably accommodate a current or prospective employee's condition related to pregnancy, childbirth, or a related medical condition. (3) For the purposes of this section 28-93(b): a. The term "reasonably accommodate" means providing reasonable accommodations, including, but not limited to: additional or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, seating, temporary transfer to a less strenuous or hazardous position, job restructuring, light duty, private non-bathroom space for expressing breast milk, assistance with manual labor, or modified work schedules, provided that: i. No employer, employment agency, apprenticeship program, labor organization, or joint labor/management council is required by this subsection to create additional employment that would not have been created otherwise, unless the entity or program creates or would have created additional employment for other classes of employees who need accommodation, such as those individuals who are injured on-the-job or those with disabilities and; ii. The employer, employment agency, apprenticeship program, labor organization, or joint labor/management council is not required to discharge or transfer any employee with more seniority, or promote any employee who is unqualified to perform the job, unless the employer does so or would do so to accommodate other classes of employees in need, such as those who are injured on-the-job or those with disabilities. b. Nothing in this section requires individuals with needs related to pregnancy, childbirth, or related medical conditions to accept any accommodation. c. The term "related conditions" includes, but is not limited to, lactation or the need to express breast milk for a nursing child. d. The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in section 28-93(b)(3)a. e. The employer, employment agency, apprenticeship program, labor organization, or joint labor/management council must prove undue hardship. The factors that may be considered to determine undue hardship include without limitation: i. The nature and cost of the accommodation; ii. The overall financial resources of the employer, employment agency, apprenticeship program, labor organization, or joint labor/management council; the overall size of the entity or program by number of employees; and the number, type, and location of its facilities; and iii. The effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer, employment agency, apprenticeship program, labor organization, or joint labor/management council. f. The fact that the employer, employment agency, apprenticeship program, labor organization, or joint labor/management council provides or is required to provide a similar accommodation to other classes of employees in need, such as those who are injured on-the-job or those with disabilities, creates a rebuttable presumption that the accommodation does not impose an undue hardship on a program, enterprise, or business. (4) Notice of rights. An employer, employment agency, apprenticeship program, labor organization, or joint labor/management council must provide written notice of the right to be free from discrimination based on pregnancy, childbirth, and related medical conditions pursuant to section 28-93(a), (b), and (c) to new employees at the commencement of employment, and to existing employees within one hundred twenty (120) days after the effective date of this ordinance [January 27, 2020]. Such notice may also be posted at the entity's or program's place of business in a visible area that is accessible to employees. (5) Section 28-93(a), (b), and (c) may not be construed to affect any other provision of law relating to gender discrimination or pregnancy, or to preempt, limit, diminish or otherwise affect any other law that provides greater protection or specific benefits related to pregnancy, childbirth, or a related medical condition. (c) Exceptions. (1) Seniority system. It is not a discriminatory practice for an employer to observe the conditions of a bona fide hiring, seniority, or employee benefit system, such as retirement, pension or insurance plans that is not a subterfuge to evade the purposes of this act, except that no such employee seniority system or benefit plan shall excuse the failure to hire any individual because of the age of such individual. (2) Older adult or person with a disability. It shall not be discriminatory for employment to be limited to an older adult or to a person with a disability provided that such employment shall not discriminate among persons based on age or with disabilities on the basis of other discriminatory criteria set forth in subsection (a) hereof. (3) Bona fide occupational classifications. Any bona fide occupational qualifications or differentiation based on factors reasonably necessary to the particular employer's normal operations shall not be deemed discriminatory. (4) Religious organizations or entities. This section 28-93 shall not apply to employment or hiring by a religious organization or religious entity. Nothing in this section 28-93 prevents a religious organization or religious entity from employing or hiring of individuals of a particular religion to perform work connected with the carrying on of the organization's religious activities. (5) Individualized agreements. Nothing in this section shall prohibit any employer from making individualized agreements with respect to compensation or the terms, conditions, or privileges of employment for persons suffering a disability if such individualized agreement is part of a therapeutic or job-training program that is no longer than twenty (20) hours per week and lasting no more than eighteen (18) months. (6) Certain age and position. It is not discriminatory to compel the retirement of any employee who is sixty-five (65) years of age or older who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policy-making position if such employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings or deferred compensation plan or any combination of such plans of the employer of such employee and if such plan equals in the aggregate at least forty-four thousand dollars ($44,000.00). (Ord. No. 623-90, § 2, 10-15-90; Ord. No. 893-91, § 2, 12-2-91; Ord. No. 934-01, §§ 3, 4, 11-5-01; Ord. No. 29-20, § 3, 1-27-20; Ord. No. 773-21, § 4, 8-2-21)

Denver Revised Municipal Code § 28-94 Discriminatory practices in educational institutions.

Sec. 28-94. - Discriminatory practices in educational institutions. (a) Generally. It is a discriminatory practice for an educational institution to deny or restrict or to abridge or condition the use of or access to any of its facilities and services to any person otherwise qualified or to discriminate based on the race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age, sexual orientation, gender expression, gender identity, marital status, military status, protective hairstyle, or disability of any individual. (b) Exceptions. It is not a discriminatory practice for admissions to be limited to persons with disabilities, or of specific religions or genders; except that when an educational institution offers a course nowhere else available in the city, opportunity for admission to that course must be open to students of all genders who otherwise meet the lawful requirements for admission. (Ord. No. 623-90, § 2, 10-15-90; Ord. No. 934-01, § 5, 11-5-01; Ord. No. 29-20, § 4, 1-27-20; Ord. No. 773-21, § 5, 8-2-21)

Denver Revised Municipal Code § 28-95 Discriminatory practices in real estate transactions.

Sec. 28-95. - Discriminatory practices in real estate transactions. (a) Generally. It is a discriminatory practice to do any of the following acts based upon the race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age, sexual orientation, gender expression, gender identity, marital status, source of income, military status, protective hairstyle, or disability of any individual: (1) To interrupt or terminate or refuse to initiate or conduct any transaction in real property or to require different terms for such transaction or to represent falsely that an interest in real property is not available for transaction; (2) To include in the terms or conditions of a transaction in real property any clause, condition or restriction prohibited by this article; (3) To refuse to lend money, guarantee a loan, accept a deed of trust or mortgage or otherwise refuse to make funds available for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property or impose different conditions on such financing or refuse to provide title or other insurance, relating to the ownership or use of any interest in real property; (4) To refuse or restrict facilities, service, repairs or improvements for a tenant or lessee; (5) To communicate, make, print or publish or cause to be communicated, made, printed or published any notice, statement or advertisement with respect to a transaction or proposed transaction in real property or financing related thereto, which notice, statement or advertisement indicates or attempts to indicate any preference, limitation or discrimination based on race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age, sexual orientation, gender expression, gender identity, marital status, source of income, military status, family status, protective hairstyle, or disability of any individual; (6) To discriminate in any financial transaction involving real property on account of the location of residence or business, i.e., to red-line; (7) To restrict or attempt to restrict housing choices or to engage in any conduct relating to the sale or rental of a dwelling that otherwise denies the rental or sale or makes it unavailable; or (8) To refuse to consider any source of income in the same manner as ordinary wage income in connection with an application for rental housing. (b) Exceptions. (1) It is not a discriminatory practice for a person to act in conformity with chapter 59 (Zoning) of this Code or any successor zoning code, and nothing in this chapter of the Code shall supersede any provisions of chapter 59 (Zoning) of this Code or any successor zoning code. (2) This section does not apply to multiple-unit dwellings of not more than two (2) dwelling units where at least one (1) of the units is owner-occupied. (3) Nothing in this section prohibits group homes, self-care homes for older adults, special-care homes, or other facilities whose use is restricted to older adults or to persons with disabilities. (4) Nothing contained in section 28-95 prohibits a religious organization or religious entity from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. (5) The prohibition on discrimination on the basis of source of income set forth in this section shall become effective on January 1, 2019, and shall not apply where a person owns and makes available for renting, subrenting, leasing, or subleasing only a single unit or where the use of a particular type of assistance is prohibited by any applicable federal, state or city law or regulation or pre-existing program requirement. (Ord. No. 623-90, § 2, 10-15-90; Ord. No. 934-01, § 6, 11-5-01; Ord. No. 788-18, § 3, 8-6-18; Ord. No. 29-20, § 5, 1-27-20; Ord. No. 773-21, § 6, 8-2-21)

Denver Revised Municipal Code § 28-96 Discriminatory practices in places of public accommodation.

Sec. 28-96. - Discriminatory practices in places of public accommodation. (a) Generally. It is a discriminatory practice to do any of the following acts based upon the race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age, sexual orientation, gender expression, gender identity, marital status, military status, protective hairstyle, or disability of any individual: (1) To directly or indirectly deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation. (2) To communicate, print, circulate, post or mail or otherwise cause, directly or indirectly, to be published a statement, advertisement or sign which indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodation will be refused, withheld from or denied an individual or that an individual's patronage of or presence at a place of public accommodation is objectionable, unwelcome, unacceptable or undesirable. (b) Breastfeeding. A person may breast-feed in any place that a person has a right to be. (c) Exceptions. (1) It is not a discriminatory practice for a person to act in conformity with chapter 59 (Zoning) of this Code, and nothing in this chapter of the Code shall supersede any provisions of chapter 59 (Zoning) of this Code. (2) This section does not apply to multiple-unit dwellings of not more than two (2) dwelling units where at least one (1) of the units is owner-occupied. (3) Nothing in this section prohibits group homes, self-care homes for older adults, special-care homes, or other facilities whose use is restricted to older adults or to persons with disabilities. (4) Section 28-96 does not apply to religious entities. (5) Section 28-96 does not apply to insurance risk classification. (Ord. No. 623-90, § 2, 10-15-90; Ord. No. 934-01, § 7, 11-5-01; Ord. No. 29-20, § 6, 1-27-20; Ord. No. 773-21, § 7, 8-2-21)

Denver Revised Municipal Code § 28-97 Discriminatory practices in health and welfare services.

Sec. 28-97. - Discriminatory practices in health and welfare services. (a) Generally. It is a discriminatory practice to do any of the following acts based upon the race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age, sexual orientation, gender expression, gender identity, marital status, military status, protective hairstyle, or disability of any individual: (1) To communicate, publish, advertise or represent or cause to be communicated, published, advertised or represented by any health and welfare agency or owner, supervisor, staff person, director, manager or officer thereof, excluding governmental entities and political subdivisions, that any of the services, programs, benefits, facilities or privileges of any health or welfare agency are withheld from or denied to any person; (2) For any health and welfare agency or worker, supervisor, staff person, director, manager or officer thereof, excluding governmental entities and political subdivisions, to deny or refuse to provide access to any of the services, programs, benefits, facilities, or privileges of any health or welfare agency. (b) Exceptions. (1) Section 28-97 does not apply to religious entities. (2) Section 28-97 does not apply to insurance risk classification. (Ord. No. 623-90, § 2, 10-15-90; Ord. No. 934-01, § 8, 11-5-01; Ord. No. 29-20, § 7, 1-27-20; Ord. No. 773-21, § 8, 8-2-21)

Denver Revised Municipal Code § 28-97.5 Reserved.

Denver Revised Municipal Code § 28-98 Coercion or retaliation.

Sec. 28-98. - Coercion or retaliation. (a) It shall be a discriminatory practice to coerce, threaten, retaliate against or interfere with any person in the exercise or enjoyment of or on account of having exercised or enjoyed or on account of having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this article. (b) It shall be a discriminatory practice for any person to require, request or suggest that a person retaliate against, interfere with, intimidate or discriminate against a person because that person has opposed any practice defined as discriminatory or unlawful by this article or because that person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing authorized under this article. (c) It shall be a discriminatory practice for any person to cause or coerce or attempt to cause or coerce, directly or indirectly, any person to prevent any person from complying with the provisions of this article. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-99 Aiding or abetting.

Sec. 28-99. - Aiding or abetting. It shall be a discriminatory practice for any person to aid, abet, invite, compel or coerce the doing of any of the acts forbidden under the provisions of this article or to attempt to do so. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-100 Conciliation agreements.

Sec. 28-100. - Conciliation agreements. It shall be a discriminatory practice for a party to a conciliation agreement made under the provisions of this article to violate the terms of such agreement. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-101 Resisting the agency.

Sec. 28-101. - Resisting the agency. It shall be unlawful for any person to willfully resist, impede or interfere with the agency or any of its representatives in the performance of any duty under the provisions of this article or to willfully violate an order of the agency. The provisions of section 1-13 of this Code shall apply to violations of this section. Each incident shall be treated as a separate offense. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-102 Falsifying documents and testimony.

Sec. 28-102. - Falsifying documents and testimony. It shall be unlawful to willfully falsify documents, records or reports which are required or subpoenaed pursuant to this article or willfully to falsify testimony or to intimidate any witness or complainant. The provisions of section 1-13 of this Code shall apply to violations of this section. Each incident of such intimidation or falsification shall be treated as a separate offense. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-103 Compliance with article prerequisite for licenses.

Sec. 28-103. - Compliance with article prerequisite for licenses. All permits or licenses issued by or on behalf of the city shall specifically require and be conditioned upon full compliance with the provisions of this article. The failure or refusal to comply with any provision of this article shall be a proper basis for revocation of such permit or license. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-104 Posting of notice.

Sec. 28-104. - Posting of notice. (a) Every person subject to this article except private residences and rental complexes of fewer than five (5) units shall post and keep posted in a conspicuous location where business or activity is customarily conducted or negotiated a notice whose language and form have been prepared by the agency setting forth excerpts from or summaries of the pertinent provisions of this article and information pertinent to the filing of a complaint. (b) It shall be a discriminatory practice for a person subject to this article to fail to post notices, maintain records, file reports as required by sections 28-105 and 28-106 or to fail to supply documents and information requested by the agency in connection with a matter under investigation. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-105 Preservation of business records.

Sec. 28-105. - Preservation of business records. (a) Where a charge of discrimination has been filed against a person under this article, the respondent shall preserve all records which may be relevant to the charge or action until a final disposition of the charge in accordance with subsection (b) of this section. (b) All persons subject to this article shall furnish to the agency at the time and in the manner prescribed by the agency such reports relating to information under their control as the agency may require. The identity of persons and properties contained in reports submitted to the agency under the provisions of this section shall be kept confidential and shall not be made public. Every employer, employment agency and apprenticeship program, labor organization or joint labor/management council subject both to this article and to Title VII of the Civil Rights Act of 1964 as amended shall upon request furnish to the agency all reports that may be required by the equal employment opportunity commission established under the Civil Rights Act of 1964. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-106 Powers of agency.

Sec. 28-106. - Powers of agency. (a) The agency is hereby empowered to undertake its own investigations and public hearings on any racial, religious and ethnic or other listed minority group tensions, prejudice, intolerance, bigotry and disorder and on any form of or reason for discrimination in accordance with section 28-91 against any person, for the purpose of making appropriate recommendations for action, including legislation, against such discrimination. (b) The agency may adopt such rules and regulations as it deems necessary to effectuate and which are not in conflict with the provisions of this chapter. (c) The agency may at its discretion choose to refer the investigation of any complaint to any other investigatory body, whether public or private, with which it shall arrange to perform such investigation. (d) The agency may hold hearings pursuant to section 28-111, subpoena witnesses and compel their attendance, administer oaths and take the testimony of any person under oath and compel such respondent to produce for examination any books and papers relating to any matter involved in such complaint. Such hearings shall comply with due process requirements. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-107 Filing of complaints.

Sec. 28-107. - Filing of complaints. (a) Any person may file with the agency a complaint of a violation of the provisions of this article. The complaint shall state the name and address of the person alleged to have committed the violation, who shall be called the respondent, and shall set forth the substance thereof and such other information as may be required by the agency. Any complaint under this article shall be filed with the agency within one hundred eighty (180) days of the occurrence of the discriminatory practice. (b) Complaints filed with the agency under the provisions of this article may be voluntarily withdrawn at the request of the complainant at any time prior to the completion of the agency's investigation and findings as specified in section 28-108, except that the circumstances accompanying said withdrawal may be fully investigated by the agency. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-108 Investigation.

Sec. 28-108. - Investigation. (a) Within fifteen (15) days of the filing of any complaint, the agency shall serve a copy thereof upon the respondent and upon all persons it deems to be necessary parties and shall arrange for prompt investigation in connection therewith. (b) Within two hundred seventy (270) days after service of the complaint upon all parties thereto or within two hundred seventy (270) days after the completion of the investigation by any person or agency to whom the complaint has been referred for investigation, the agency shall determine whether, in accord with its own rules, it has jurisdiction and, if so, whether there is probable cause to believe that the respondent has engaged or is engaging in a discriminatory practice. (c) Upon determination of whether probable cause exists for crediting the allegations of the charge, the director shall follow one of the following courses of action: (1) If the director determines that probable cause does not exist, the director shall dismiss the charge and shall notify the person filing the charge and the respondent of such dismissal. In addition, in such notice the director shall advise both parties: (A) That if the charging party wishes to file a civil action in county court or state district court, which action is based on the alleged discriminatory or unfair practice that was the subject of the charge, the charging party must do so within ninety (90) days of the date of mailing of the notice specified in this subparagraph (1); (B) That, if the charging party does not file an action within the time limits specified in sub-subparagraph (A) of this subparagraph (1), such action will be barred and no county or district court shall have jurisdiction to hear such action. (2) If the director determines that probable cause exists, the respondent shall be served with written notice which states with specificity the legal authority and jurisdiction of the agency and the matters of fact and law asserted and the director shall order the charging party and the respondent to participate in compulsory mediation. Immediately after such notice has been given, the director shall endeavor to eliminate such discriminatory or unfair practice by conference, conciliation, and persuasion and by means of the compulsory mediation required by this subparagraph (2). If such compulsory mediation does not result in a conciliation agreement between all parties, the charging party may request a notice of right to sue as provided by paragraph (b) of Sec. 28-110.5 of this ordinance. (Ord. No. 623-90, § 2, 10-15-90; Ord. No. 904-02, § 1, 11-4-02)

Denver Revised Municipal Code § 28-109 Conciliation.

Sec. 28-109. - Conciliation. (a) If, in the judgment of the agency, the circumstances so warrant, it may at any time after the filing of the complaint endeavor to eliminate such discriminatory practice by conference, conciliation or persuasion. (b) The terms of a conciliation agreement may require a respondent to refrain from committing specified discriminatory practices and to take such affirmative action as in the judgment of the agency will effectuate the purposes of this act. (c) Upon agreement of all parties to a complaint and upon notice to all parties thereto, a conciliation agreement shall be deemed an order of the agency and shall be enforceable as such. Information concerning conciliation efforts shall be confidential. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-110 Service of process.

Sec. 28-110. - Service of process. In all cases where the agency is required to effect service, it shall be accomplished by prepaid first-class mail or by personal service and shall otherwise be in accordance with rules of the agency regarding service and notice. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-110.5 Right to sue.

Sec. 28-110.5. - Right to sue. (a) No person may file a civil action in county court or state district court based on an alleged discriminatory or unfair practice prohibited by this ordinance without first exhausting the proceedings and remedies available to that person under this ordinance unless the person shows, in an action filed in the appropriate county or district court, by clear and convincing evidence, that the person's ill health which is of such a nature that pursuing administrative remedies would not provide timely and reasonable relief and would cause irreparable harm. (b) The charging party in any action may request a written notice of right to sue at any time prior to service of a notice of determination of whether or not probable cause exists to credit the allegations of discrimination. Any request for notice of right to sue shall be in writing. A claimant's request for notice of right to sue made after the expiration of one hundred eighty (180) days following the filing of the charge shall be granted promptly. If a claimant makes a request for a notice of right to sue prior to the expiration of one hundred eighty (180) days following the filing of the charge, said request shall be granted upon a determination by the agency that the investigation of the charge will not be completed within one hundred eighty (180) days following the filing of the charge. A notice of right to sue shall constitute final agency action and exhaustion of administrative remedies and proceedings pursuant to this section. (c) If the agency has not made a determination of whether or not probable cause exists to credit the allegations of discrimination within two hundred seventy (270) days, if written notice that a formal hearing will be held is not served within two hundred seventy (270) days after the filing of a charge, or if the complainant has requested and received a notice of right to sue pursuant to subsection (b) of this section, the jurisdiction of the agency over the complaint shall cease, and the complainant may seek the relief by filing a civil action in county court or state district court for all appropriate remedies. Such action must be filed within ninety (90) days of the date upon which the jurisdiction of the agency ceased, and if not so filed, it shall be barred and the court shall have no jurisdiction to hear such action. If any party requests an extension of any time period prescribed by this section such extension may be granted for good cause by the agency, but the total period of all such extensions to either the respondent or the complainant shall not exceed ninety days each, and, in the case of multiple parties, the total period of all extensions shall not exceed one hundred eighty (180) days. (Ord. No. 904-02, § 2, 11-4-02)

Denver Revised Municipal Code § 28-111 Hearings.

Sec. 28-111. - Hearings. (a) The agency may hold a formal hearing upon a finding of probable cause to believe that discrimination has occurred. The agency shall serve upon all parties a written notice which shall state the time and place of the hearing. (b) In accordance with rules adopted by the agency, discovery procedures may be used by the agency and the parties as provided by the Colorado Rules of Municipal Procedure after the notice of hearing has been given. (c) The respondent may file a written answer prior to or on the date of the hearing. When a respondent fails to answer at a hearing, the agency or its designee may enter a default judgment. For good cause shown, the entry of default may be set aside within ten (10) days after the date of such entry. If the respondent fails to appear, testimony may be heard on behalf of complainant ex parte. After hearing such testimony, the agency or its designee may enter such order as the evidence warrants. (d) The case in support of the complaint shall be presented at the hearing by one (1) of the agency's attorneys, but no one presenting the case in support of the complaint shall counsel or advise the agency representative or designee who hears the case. (e) At any such hearing, the person presenting the case in support of the complaint shall have the burden of showing that the respondent has engaged or is engaging in an unfair or discriminatory practice, and the respondent's conduct shall be presumed not to be unfair or discriminatory until proven otherwise. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-112 Decision and order.

Sec. 28-112. - Decision and order. (a) If after a hearing the agency determines that a respondent has engaged in a discriminatory practice or has otherwise violated the provisions of this article, the agency shall issue and cause to be served on such respondent a decision and order accompanied by findings of fact and conclusions of law which shall require such respondent to cease and desist from such discriminatory practice and may require such respondent to take action, including but not limited to: (1) The hiring, reinstatement or upgrading of employees with or without back pay; (2) The restoration to the membership in any respondent labor organization, admission to or participation in a program, apprenticeship training program, on-the-job training program or other occupational training or retraining program; (3) The extension of full, equal and unsegregated accommodations, advantages, facilities and privileges to all persons; (4) Appropriate injunctive relief; (5) The payment of hearing costs as in the judgment of the agency will effectuate the purposes of this article, including a requirement for a report as to the manner of compliance with such decision and order. (b) If upon all the evidence the agency finds that a respondent has not engaged in any discriminatory practice, the agency shall issue and cause to be served on the respondent and the complainant an order dismissing the complaint as to such respondent. (Ord. No. 623-90, § 2, 10-15-90; Ord. No. 893-91, § 3, 12-2-91)

Denver Revised Municipal Code § 28-113 Judicial review.

Sec. 28-113. - Judicial review. Any person suffering a legal wrong or adversely affected or aggrieved by an order or decision of the agency in a matter pursuant to the provisions of this article is entitled to a judicial review thereof in accordance with Colorado Rule of Civil Procedure 106 upon filing in the appropriate court a written complaint for such review. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-114 Enforcement and order.

Sec. 28-114. - Enforcement and order. The decision and order of the agency shall be served on the respondent with notice that, if the agency determines that the respondent has not corrected the discriminatory practice and complied with the order within thirty (30) calendar days following service of its order, the agency will conduct further enforcement proceedings. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-115 Referral to licensing agencies.

Sec. 28-115. - Referral to licensing agencies. Whenever it appears that the holder of a permit or license issued by any agency or authority of the city is a person against whom the agency after a hearing has rendered a decision and order that a discriminatory practice or a violation of this article has occurred pursuant to section 28-112, the agency, notwithstanding any other action it may take under the authority of the provisions of this article, may refer to the proper entity of the city the facts and identities of all persons involved in the complaint for such action as such agency or authority in its judgment considers appropriate based upon the facts thus disclosed to it. (Ord. No. 623-90, § 2, 10-15-90)

Denver Revised Municipal Code § 28-115.5 Complaint, investigation, hearing and decision—Source of income discrimination.

Sec. 28-115.5. - Complaint, investigation, hearing and decision—Source of income discrimination. This section 28-115.5 shall apply only to matters involving discrimination on the basis of source of income and shall apply in lieu of sections 28-107 through 28-114 above, which, notwithstanding anything to the contrary above, shall not be available to parties whose complaint involves only source of income discrimination claims. The hearing process in this section is intended to be a simplified and scalable process to enhance the just, speedy, and efficient determination of complaints. (a) Any person may file with the agency a complaint alleging a violation of the provisions of this article prohibiting source of income discrimination. The complaint shall state, to the extent known, the name and address of the person or entity alleged to have committed the violation, who shall be called the respondent, the address of the housing unit or complex alleged to have been involved, the name and address of any other individuals involved in the discriminatory practice, and the date(s) on which the alleged violation(s) occurred or were discovered. The complaint shall further set forth the substance of the alleged violation and such other information as may be required by the agency. Any complaint under this article shall be filed with the agency within one hundred eighty (180) days of the occurrence of the discriminatory practice. (b) Complaints filed with the agency under this section may be voluntarily withdrawn at the request of the complainant at any time prior to the completion of the agency's investigation and findings as specified in section 28-108, except that the circumstances accompanying said withdrawal may be fully investigated by the agency. (c) Upon receipt of the complaint, the agency shall provide a copy of the complaint to the respondent and shall arrange for prompt investigation. Respondent shall have thirty (30) days from the date on which the copy of the complaint was mailed to provide the agency with its response and any supporting materials and to request an informal administrative hearing before the agency, if desired. (d) After receipt of respondent's response or the expiration of the response period provided for in subsection (c) above, whichever comes first, the agency shall have a maximum of sixty (60) days to conduct its investigation and, if requested, an informal administrative hearing, and to issue its findings and decision in writing, copies of which shall promptly be provided to the complainant and the respondent. If the agency finds that the respondent has engaged or is engaging in a discriminatory practice involving source of income, the agency's written notice to respondent shall include a directive to the respondent to remediate such discrimination within thirty (30) days after receipt of such notice. Such remediation directive may include, without limitation, an order: (a) to make the unit at issue or a comparable unit available to the complainant, or (b) to cease advertising that references a discriminatory practice. Where the agency or hearing officer has determined that a respondent denied sale or rental to the complainant on a discriminatory basis and the unit or a comparable unit are unavailable to be sold or rented to the complainant as a remedy, or where the respondent fails to comply with an agency directive, the agency may impose a fine not to exceed five thousand dollars ($5,000.00). The agency may direct the respondent to pay all or a portion of such fine to the complainant to compensate complainant for any actual, verifiable damages suffered by complainant as a result of the discrimination. (e) No person may file a civil action in county court or state district court based on an alleged source of income discriminatory practice prohibited by this section without first exhausting the proceedings and remedies available to that person under this section. (f) Any person suffering a legal wrong or adversely affected by a decision of the agency pursuant to the provisions of this section is entitled to a judicial review thereof in accordance with Colorado Rule of Civil Procedure 106 upon filing in the appropriate court a written complaint for such review. (Ord. No. 788-18, § 4, 8-6-18)

Denver Revised Municipal Code § 28-116 Effective date.

Sec. 28-116. - Effective date. This article shall become effective February 1, 1991. (Ord. No. 623-90, § 2, 10-15-90)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH28HURI_ARTIVPRDIEMHOCOSPPUACEDINHEWESEFetched: 10/27/2026