Colorado Civil Rights Division
Colorado Civil Rights laws were written: “to protect groups of people who historically have been or who might be discriminated against.” The Colorado Anti-Discrimination Act (CADA) prohibits discrimination based on protected class in employment, housing, and places of public accommodation. The Colorado Civil Rights Division (CCRD) is responsible for enforcing CADA through the investigation of complaints of discrimination, as well as mediation and informational training.
While school boards and school districts enjoy “local control” per the State of Colorado, they also must abide by Colorado and Federal civil rights laws.
The Colorado Civil Rights Commission conducts hearings, advises the Governor and General Assembly, reviews appeals, and adopts and amends administrative rules and regulations related to the state’s Anti-Discrimination Act.
The CCRD and DORA (Department of Regulatory Agencies) provide information and directions for the official complaint process on the website.
Frequent Questions in Districts in Turmoil and Chaos
What is the difference between discrimination and retaliation?
Discrimination is the unfair treatment of an individual or group because of their protected class. Retaliation is also a prohibited discriminatory act, where adverse action is taken against an individual because of his or her participation in a protected activity (for example: speaking in opposition to a discriminatory act, filing a discrimination complaint, or participating in a discrimination investigation or lawsuit).
What is a protected class?
Review the EEOC website for an understanding of what federal protections against discrimination there are for employees.
Colorado’s civil rights laws identify these protected classes include Disability, Race, Color, National Origin, Ancestry, Sex, Sexual Orientation, Gender Identity, Gender Expression, Pregnancy (employment only), Creed, Religion (employment and housing only), Age (at least 40 years of age; employment only), Marriage to a Co-Worker (employment only), Marital Status (housing and public accommodations only), Familial Status (housing only), Source of Income (housing only) and Veterans/Military Status (housing only)
If an employee of a Colorado school district feels they have been discriminated or retaliated against, where can they go for help?
Every employer, including schools and districts, should have policies and procedures related to preventing and addressing discrimination, retaliation and complying with federal and state laws regarding civil rights. Supervisors, administrators, human resources, and board members have legal and ethical obligations related to civil rights. There are circumstances where students, parents, and community members are also under the protection of civil rights laws.
If school system staff, students, families, or community members feel they need to seek remedies beyond their school system, there are lawyers who specialize in civil rights, including experts in public education issues or employment law.
There are also several nonprofits that provide information, training, and sometimes legal advice, action, or representation. Some of these organizations are:
Civil Rights Battles in Public Education:
The Background: While school boards and districts enjoy “local control” per the State of Colorado, they must also abide by Colorado and Federal civil rights laws. Scroll down the page to learn more about civil rights at both the federal and state level., employment rights, discrimination, retaliation, and where to go for more information and support.
When it comes to today’s culture wars and politics, we can learn from the past. There is a pattern in U.S. history of intense and often violent social conflicts concerning the rights of people with specific characteristics or identities. Read this article in the New Yorker from March 2022 about battles over civil rights in the last century.
Growing movements in the 2020’s nationally, and in Colorado, school boards and communities are in frequent conflict concerning LGBTQIA+ rights.
Several CO school districts have published statements or pursued policies to limit or ban the use of preferred pronouns and actions affirm and actively support children transitioning to a different gender.
Other districts, such as Douglas County (DougCO) and DPS (Denver Public Schools) have had serious problems related to discrimination based on race.
Frequently religious beliefs and parental rights are linked to these actions, although the link may be implied through the use of coded language. See “Christian Nationalism” or “Parental Rights.”
Curated Resources about the Politics of Civil Rights and Education
US Department of Education Resources: Civil Rights
The Office of Civil Rights, or OCR, "enforces federal civil rights laws that prohibit discrimination in programs or activities that receive Federal funds from the Department of Education."
These federal laws prohibit discrimination on the basis of race, color, national origin, sex, disability, and on the basis of age. Note that many states have civil rights laws, including Colorado.
The federal laws that OCR enforces apply to organizations that receive U.S. Department of Education funds, including state education and vocational rehabilitation agencies, school systems (K-12, vocational schools, higher education, proprietary schools), as well as libraries, and museums. Specific laws include:
Title II of the Americans with Disabilities Act of 1990 (prohibiting disability discrimination by public entities, whether or not they receive federal financial assistance).