Civil Rights Investigator

THIS POSITION IS OPEN TO CURRENT COLORADO RESIDENTS Please note: This recruitment may be used to fill multiple vacancies.

Human ResourcesColorado Department of Human Services (CDHS) Human Resources (HR) exists to provide centralized human resources direction, consultation, and services to the general public, applicants, appointing authorities, leaders, and employees who work for the Colorado Department of Human Services (CDHS). This unit drives and provides consultative services for organizational success by strategically aligning workforce capabilities with business goals, fostering a positive and productive workplace culture, and managing the entire employee lifecycle – from hrough compliance, manages labor cost calculations and compression considerations, and empowers talent development. Consultation services include benefit administration; compensation; employee and labor relations; exam development; HR policy development; job analysis; job evaluation and classification; organizational development; New Employee Orientation; performance management; interpretation of CDHS HR policy, state personnel rules, state and federal employment laws; risk mitigation and compliance; progressive discipline; records management; recruitment; responding to grievances, appeals, charges of discrimination; organizational design; employee retention; selection and selection appeals; employee settlements; strategic planning and overall HR guidance to CDHS senior leadership, executive leadership, appointing authorities, managers, supervisors and employees. This unit also serves as the primary liaison for CDHS with the Department of Personnel and Administration and Colorado WINS.

Weekly Hybrid Working Arrangements Minimum 2 days In Office and Maximum 3 days Remote Work

Please note: Work arrangements are subject to change at any time.

What you will be doing: This position serves as a key tactical and strategic partner to assigned CDHS facilities, programs, and HR colleagues. To foster active collaboration and effectively meet the Department’s operational needs, this role requires on-site presence, including regular in-person attendance and participation at various facility, office, and off-site functions.

The Civil Rights Investigator position provides professional-level support within the Department with an emphasis on, and in accordance with, Title VII, Civil Rights Act of 1964; Section 504 , Rehabilitation Act of 1973, as amended (29 U.S.C 794); Americans with Disability Act (ADA), 1990; Colorado Anti-Discrimination Act (CADA) of 2008; Protecting Opportunities & Workers' Rights (POWR) Act of 2023; C.R.S 24-34-401, 24-34-402, and 24-34-408, Colorado Civil Rights Division (CCRD) Part 4 Employment Practices; and State Personnel Rules. This position is designed to prevent and investigate discrimination based on a protected class, harassment based on a protected class or activity, and retaliation based on a protected activity in Department employment by conducting informal inquiries into related allegations; internally investigating related allegations; assisting the Civil Rights Supervisor, Civil Rights Manager, or Deputy Chief HR Officer with developing and conducting training; responding to or assisting the Civil Rights Supervisor, Civil Rights Manager, or Deputy Chief HR Officer with responding to complaints accompanied by a request for information (RFI) filed with the CCRD against the Department; responding to or assisting the Civil Rights Supervisor, Civil Rights Manager, or Commission (EEOC) against the Department; and assisting the Civil Rights Supervisor, Civil Rights Manager, or Deputy Chief HR Officer with identifying and communicating trends and potential legal implications related to internal and external allegations of discrimination based on a protected class, harassment based on a protected class or activity, and retaliation based on a protected activity. Although the position is located in the North Central District, job duties may be conducted throughout Colorado, therefore regular travel is required.

This position is also recognized as the staff authority of the Department’s Psychological Fitness for Duty (PFFD) program. As the staff authority, this position functions as a subject matter expert and the primary point-of-contact within Human Resources for the Attorney General's (AG) Office, the Colorado State Employee Assistance Program (CSEAP), and appointing authorities for all matters involving engagement in or potential engagement in the PFFD program.

Summary of Duties:

Informal Inquiries and Investigations - The Civil Rights Investigator conducts informal inquiries into allegations of discrimination based on a protected class, harassment based on a protected class or activity, and retaliation based on a protected activity which may implicate the Department’s Civil Rights (CR) Policy, Sexual Harassment (SH) Policy, or Workplace Violence Policy (WVP) and applicable rules, regulations, and laws, such as Title VII, Civil Rights Act of 1964; Section 504 , Rehabilitation Act of 1973, as amended (29 U.S.C 794); Americans with Disability Act (ADA), 1990; Colorado Anti-Discrimination Act (CADA) of 2008; Protecting Opportunities & Workers' Rights (POWR) Act of 2023; C.R.S 24-34-401, 24-34-402, and 24-34-408, CCRD Part 4 Employment Practices. Informal inquiries are conducted to determine if an investigation is warranted and may include a review of the complaint and applicable policies, research into and a review of current and historical information and documentation, and formal, recorded interviews with the complainant and/or other individuals with information.

Professional-Level Support - The Civil Rights Investigator assists with identifying Department issues related to and provides interpretation, consultation, non-legal guidance, and support to the Department related to the CR Policy, SH Policy, WPV Policy, and applicable laws including Title VII, Civil Rights Act of 1964; Section 504 , Rehabilitation Act of 1973, as amended (29 U.S.C 794); Americans with Disability Act (ADA), 1990; Colorado Anti-Discrimination Act (CADA) of 2008; Protecting Opportunities & Workers' Rights (POWR) Act of 2023; C.R.S 24-34-401, 24-34-402, and 24-34-408, CCRD Part 4 Employment Practices; and State Personnel Rules. The Civil Rights Investigator also provides interpretation, consultation, non-legal guidance, and support to the Department related to matters that fall within the purview of the CCRD and EEOC. The Civil Rights Investigator identifies and communicates which Department and non-Department resources are available to employees, when appropriate.

Psychological Fitness for Duty - As the staff authority for the PFFD program, this position is responsible for ensuring Departmental compliance with applicable rules, procedures, policies including the PFFD Universal Policy, and state and federal laws. This position functions as a subject matter expert and the primary point-of-contact within Human Resources for the AG's Office, CSEAP, and appointing authorities for all matters involving engagement in or potential engagement in the PFFD program. This position is directly involved in decision-making and in providing guidance to the Department related to the Department’s PFFD program including PFFD threat assessments and examinations, reasonable PFFD alternatives that take into consideration the safety of the Department’s employees and those it serves, and the potential risks associated with engaging in the PFFD program or in implementing reasonable PFFD alternatives. This position manages the Department-wide PFFD program in conjunction with the AG’s Office and CSEAP to ensure Departmental alignment with the Department’s mission and accepted professional standards and to ensure compliance with applicable rules, procedures, policies including the PFFD Universal Policy, and state and federal laws.

As staff authority, this position may consult with the Department’s ADA team, the Department’s Benefit’s Unit, Organizational Performance and Compliance (Legal/Risk), the AG’s Office, and CSEAP and may provide guidance and recommendations to appointing authorities and the Department at large.

This position evaluates available information, provides subject matter expertise, and partners with appointing authorities, the AG’s Office, and CSEAP to determine the most appropriate course of action that is compliant with applicable rules, procedures, policies including the PFFD Universal Policy, and state and federal laws. This position is responsible for managing the life cycle of all PFFD program issues and ensuring a favorable outcome for the Department.

This position is relied upon by the Department to provide expertise, guidance and recommendations for all issues related to the Department’s PFFD program.

Assisting with Developing and Conducting Training - The Civil Rights Investigator assists the Civil Rights Supervisor, Civil Rights Manager, or Deputy Chief HR Officer with developing and implementing training regarding the CR Policy, SH Policy, WPV Policy, and applicable laws including Title VII, Civil Rights Act of 1964; Section 504 , Rehabilitation Act of 1973, as amended (29 U.S.C 794); Americans with Disability Act (ADA), 1990; Colorado Anti-Discrimination Act (CADA) of 2008; Protecting Opportunities & Workers' Rights (POWR) Act of 2023; and C.R.S 24-34-401, 24-34-402, and 24-34-408, CCRD Part 4 Employment Practices or other applicable policies or laws, as an educational opportunity at the request of facility or Department leadership or as a potential remedial measure. Training may vary based on its intended purpose and may include a restatement of applicable policy or law; an overview of conduct that may implicate such policy or law and result in potential liability for the Department; information related to relevant case law; and complaint trends and factors affecting such trends. All training must be approved by the Civil Rights Supervisor, Civil Rights Manager, or Deputy Chief HR Officer. As the staff authority for the PFFD program, this position is responsible for creating and conducting PFFD training in addition to other training duties.

Assisting with Identifying and Communicating Trends and Potential Legal Implications - The Civil Rights Investigator assists the Civil Rights Supervisor, Civil Rights Manager, or Deputy Chief HR Officer with tracking and analyzing statistical data related to the Unit’s policies such as the number and type of informal inquiries conducted by the Unit; the number and type of investigations conducted by the Unit; the number of “more likely than not” versus “less likely than so” findings issued by the Unit; the number and type of complaints filed against the Department with the CCRD; the number of “no probable cause” versus “probable cause” determinations issued by the CCRD; the number and type of COD’s filed against the Department with the EEOC; and the number of COD’s the EEOC chose to pursue following investigation. The Civil Rights Investigator assists with identifying data trends, areas where the Department can improve, and potential legal implications. The Civil Rights Investigator assists with communicating this information to Department employees, Department leadership, and Organizational Performance and Compliance (Legal/Risk), when appropriate, via training or other avenues of communication. The Civil Rights Investigator also assists with identifying potential barriers to Department employees within the various affected classes in employment and promotional opportunities and assists the Department leadership with developing strategies to effectively address the identified areas of concern.

Legal Liaison with Attorney General’s Office and Other Duties as Assigned - This Civil Rights Investigator assists the Civil Rights Supervisor, Civil Rights Manager, or Deputy Chief HR Officer with Department matters that fall within the purview of the AG’s Office such as litigation and settlements. As the staff authority for the PFFD program, this position qualifies as one of the Unit’s subject matter experts and functions as one of the liaisons between the Department and the AG’s Office. In conjunction with the AG’s Office, this position is responsible for ensuring that the selected course of action aligns with the Department’s mission, rules, policies, and regular business practices, as well as applicable laws, and is in its best interest. Minimum Qualifications:

Experience:

• Seven (7) years of relevant experience in an occupation related to the work assigned to this position.

• At least three (3) of the seven (7) years must include experience as a civil rights, workplace, or criminal investigator.

• Experience must include: A demonstrated ability to evaluate information available to determine when a workplace investigation is required. A demonstrated ability to analyze information to determine if a violation of a workplace policy has occurred. A demonstrated ability to lead and conduct a sound investigation. A demonstrated ability to conduct investigative interviews. A demonstrated ability to author investigation reports and memorandums. A demonstrated ability to author agency responses to external state and federal agencies related to external Charges or Complaints of Discrimination.

• Please note: This experience must be clearly documented on your application and the supplemental questions must be answered.

OR

Education and Experience:

• A combination of related education in Law, Human Resources Management, Industrial/Organizational Psychology, Business Administration, or a directly related field and/or relevant experience in an occupation related to the work assigned, equal to seven (7) years.

• At least three (3) of the seven (7) years must include experience as a civil rights, workplace, or criminal investigator.

• Experience must include: A demonstrated ability to evaluate information available to determine when a workplace investigation is required. A demonstrated ability to analyze information to determine if a violation of a workplace policy has occurred. A demonstrated ability to lead and conduct a sound investigation. A demonstrated ability to conduct investigative interviews. A demonstrated ability to author investigation reports and memorandums. A demonstrated ability to author agency responses to external state and federal agencies related to external Charges or Complaints of Discrimination.

• Please note: This experience must be clearly documented on your application and the supplemental questions must be answered.

Substitution:

• A combination of work experience in conducting investigations; the application of employment and civil rights laws; management, coaching, and consultation; employee and labor relations; the authoring of agency responses related to civil rights matters; the authoring of workplace reports or memorandums; and the analysis of workplace policies to identify any employee policy violations, which provide the same type and level of knowledge acquired during the required education, may be substituted on a year-for-year basis.

• A bachelor’s degree or higher from an accredited college or university in Law, Human Resources Management, Industrial/Organizational Psychology, Business Administration, or a directly related field, may be substituted for the experience on a year-for-year basis.

Preferred Qualifications:

• Excellent oral and written communication skills.

• Experience with drafting formal documentation that withstood rigorous legal scrutiny.

• Excellent public speaking skills.

• Five or more years of experience conducting civil rights investigations.

• Five or more years of experience drafting investigation reports or memorandums.

• Five or more years of experience interpreting civil rights policies and statutes.

• One or more years of Colorado State Government experience.

• Master of Laws (LLM) or Juris Doctor (JD)

• Experience working with external civil rights agencies, such as the Equal Employment Opportunity Commission and the Colorado Civil Rights Division.

• Experience engaging with and taking direction from attorneys related to legal matters.

• Experience leading training for small and large groups.

• Experience addressing or supporting with addressing circumstances involving psychological fitness for duty (PFFD) to include experience with and understanding of PFFD threat assessments, PFFD examinations, and PFFD alternatives.

• COWINS Partnership Agreement: Relevant years of State service should be considered as a preferred qualification and given weight under the process. Part-time relevant years of State service will be prorated.

• TRANSFERS ONLY: Relevant years of State service will be considered as a preferred qualification and given the weight of at least 15% of the overall score under the process.

• Relevant years of State service contribute to a candidate's position-related knowledge, skill, ability, behavior, or other posted competency

Conditions of Employment:

• Standard Background ALL CDHS employees (non-direct contact): CBI name check, ICON Colorado court database, Medicare fraud database, Reference checks, Professional License verification (licensure requirements), and drug screen (commercial Driver’s license)

• This position requires State of Colorado residency at the time of application (unless otherwise identified in the posting), and residency within the state throughout the duration of employment in this position

• Travel: Position must be able to travel throughout the state to conduct investigations and other job functions, sometimes overnight

• Former State employees who were disciplinarily terminated or resigned in lieu of termination must:

• Disclose that information on the application.

• Explain why the prior termination or resignation should not disqualify you from the current position.

• Provide your employee number from your prior State employment. Absent extraordinary circumstances, prior disciplinary termination or resignation in lieu of termination, and failure to provide this information will disqualify the applicant from future State employment with CDHS.

CDHS Selection Process Explanation Employment history is calculated on a full-time basis (40/hrs. per week). Part-time employment is calculated on a prorated basis to determine qualifications. Be sure your application specifically addresses your qualifications, experience, work products, and accomplishments as they relate to the position and minimum requirements.

• Preferred Qualifications & Competencies:
• Relevant years of state service experience.

Minimum Qualification Screening Process A Human Resources Analyst will review the work experience/job duties sections of the online job application to determine whether your experience meets the minimum qualifications for the position. You must complete the official State of Colorado online application. Cover letters and resumes WILL NOT be reviewed during the minimum qualifications screening process. You must specifically document your work experience and qualifications in the application form. Do not use "see resume" or "see attached."

You must meet the minimum qualifications to continue in the selection process. Part-time work experience will be prorated. Comparative Analysis Process – Structured Application Review

After minimum qualification screening, the comparative analysis process will involve reviewing and rating of all the information you submit. The comparative analysis step may also include your results from standardized testing.

Your Work Experience/Job Duties Document your work experience/job duties to the extent to which you possess the skills, education, experience, minimum qualifications, and preferred qualifications. If listed, answer all supplemental questions as your answers to these questions will be evaluated during this phase. Provide at least 4-8 sentences for each supplemental question.

Supplemental Questions

Answer the supplemental questions completely and thoughtfully. We will rate your answers based on the content of your response and your writing skills (spelling, grammar, and clarity of your writing).

Appeal Rights

You may file an appeal with the State Personnel Board or request a review by the State Personnel Director if your application is eliminated. You will find the appeals process, the official appeal form, and how to deliver it on the State Personnel Board website.

• You or your representative must sign and submit the official appeal form for review.

• You can find the official appeal form here.

• You must be deliver the official appeal form to the State Personnel Board:

• By email ([email protected]), or

• Postmarked in US Mail to(1525 Sherman Street, 4th Floor, Denver CO 80203, or

• Hand delivered (1525 Sherman Street, 4th Floor, Denver CO 80203), or

• Faxed (303.866.5038) within ten (10) calendar days from your receipt of notice or acknowledgement of the department’s action.

Contact the State Personnel Board for assistance:

• At (303) 866-3300, or

• Refer to the Colorado Code of Regulations (CCR) 801-1, State Personnel Board Rules and Personnel Director's Administrative Procedures, Chapter 8, Resolution of Appeals and Disputes, within the Rules webpage.

• How to apply to the State of Colorado(Youtube Video, Runtime 3:59, Closed Captions Available)

• The Assessment Process

About Us & BenefitsIf your goal is to build a career that makes a difference, join the dedicated people of the Colorado Department of Human Services (CDHS). Our professionals strive to design and deliver high quality human and health services that improve the safety, independence, and well-being of the people of Colorado. Each of us is committed to contributing to a safe and accessible CDHS. In addition to a great location and rewarding and meaningful work, we offer:

• Strong, secure, yet flexible retirement benefits including a PERA Defined Benefit Plan or PERA Defined Contribution Plan plus 401(k) and 457 plans

• Medical and dental health plans

• Employer supplemented Health Savings Account

• Paid life insurance

• Short- and long-term disability coverage

• 11 paid holidays per year plus vacation and sick leave

• State of Colorado Employee BenefitHub Resource Center

• Employee Wellness program

• Excellent work-life programs, such as flexible schedules, training and more

• Remote work arrangements for eligible positions

• *Some positions may qualify for the Public Service Loan Forgiveness Program.

Our Values• We believe in a people-first approach: We prioritize the needs, well-being, and dignity of the individuals, families and communities we serve. We commit to respect, fairness and access in every decision, policy and interaction. We engage client voices and experiences in the development and implementation of the services we provide.

• Balance creates quality of life: We want our team to be resilient through a supportive workplace that values flexibility, health and wellness, and employee engagement.

• We hold ourselves accountable: We take responsibility through our actions, programs, and results for the state of health and human services in Colorado.

• Transparency matters: We are open and honest with employees, our partners, the Coloradans we serve, and the public.

• We are ethical: We abide by what is best for those we serve by doing what is right, not what is easy.

• Collaboration helps us rise together: We work together with all partners, employees, and clients to achieve the best outcomes for Coloradans.

ADA AccommodationsCDHS is committed to a Colorado for ALL qualified individuals. As part of this commitment, our agency will assist individuals who have a disability with any reasonable accommodation requests related to employment. This includes completing the application process, interviewing, completing any pre-employment testing, participating in the employee selection process, and/or performing essential job functions where the requested accommodation does not impose an undue hardship. If you have a disability and require reasonable accommodation to ensure you have a positive experience applying or interviewing for this position, please direct your inquiries to [email protected].

EEO StatementThe State of Colorado is an equal opportunity employer We are committed to increasing a “Colorado for ALL" of our staff and providing culturally responsive programs and services. Therefore, we encourage responses from people of all backgrounds and abilities. The State of Colorado believes that a “Colorado for ALL” drives our success, and we encourage candidates from all identities, backgrounds, and abilities to apply. The State of Colorado is an equal opportunity employer committed to building inclusive, innovative work environments with employees who reflect our communities and enthusiastically serve them. Therefore, in all aspects of the employment process, we provide employment opportunities to all qualified applicants without regard to race, color, religion, sex, disability, age, sexual orientation, gender identity or expression, pregnancy, medical condition related to pregnancy, creed, ancestry, national origin, marital status, genetic information, or military status (with preference given to military veterans), or any other protected status in accordance with applicable law. Additional Support For Your ApplicationToll Free Applicant Technical Support If you experience technical difficulty with the NEOGOV system (e.g. uploading or attaching documents to your online application) call NEOGOV technical support at 855-524-5627 Mon-Fri between 6 am and 6 pm (Pacific Time). Helpful hints: if you are having difficulty uploading or attaching documents to your application 1) ensure your documents are PDF or Microsoft Word files and 2) close the document before you attempt to upload (attach) it.