The Colorado Anti-Discrimination Act prohibits discrimination in employment on the basis of race or color (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, to discharge, to harass, or to discriminate in the compensation of any person because of race or color.
• Print or circulate any statement or advertisement for employment or application for employment that expresses a limitation, specification, or discrimination as to race or color, 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 race or color, unless based on a bona fide occupational qualification (BFOQ).
Harassment. To "harass" means to create a hostile work environment based on an individual's race. Under state law, harassment is not considered unlawful unless a complaint is filed with the appropriate authority in the workplace, and the employer fails to investigate and take prompt remedial action (CO Rev. Stat. Sec. 24-34-402(1)(a)). In contrast, an employee is not required to file a complaint with the employer to establish a harassment claim under federal law. However, an employer ...