The Colorado Anti-Discrimination Act prohibits discrimination in employment on the basis of national origin or ancestry (CO Rev. Stat. Sec. 24-34-401 et seq.). The Act applies to all employers in the state. Under the Act, it is unlawful to:
• Refuse to hire or promote, discharge, or harass during the course of employment, or discriminate in the compensation, terms, conditions, or privileges of employment on the basis of national origin or ancestry.
• Print or circulate any statement or advertisement for employment or application for employment that expresses a limitation, specification, or discrimination as to national origin or ancestry, unless based on a bona fide occupational qualification (BFOQ).
• Aid, compel, or coerce any discriminatory or unfair employment practice.
• Discriminate against any person who has filed a charge of discrimination; or testified, assisted, or participated in any investigation, proceeding, or hearing regarding a claim of discrimination.
• Deny participation in an apprenticeship training program, an on-the-job training program, or any other occupational instruction, training, or retraining program.
• Make any inquiry in connection with prospective employment that expresses a limitation, specification, or discrimination as to national origin or ancestry, unless based on a BFOQ.
Harassment. "Harassment" is defined as creating a hostile work environment on the basis of an individual's national origin. Under the law, harassment is not unlawful unless a complaint is filed with the appropriate authority at the employee's workplace, and the authority fails to initiate a reasonable investigation and take prompt remedial action if appropriate.
The 10th Circuit Court of Appeals ruled ...