The Colorado Anti-Discrimination Act prohibits discrimination or harassment against otherwise qualified individuals with a mental or physical disability (CO Rev. Stat. Sec. 24-34-401 et seq.). The term “disability” means a mental or physical impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. The law applies to all public and private employers in the state, regardless of size, including employment agencies and labor unions.
Harassment. Harassment on the basis of disability is unlawful when it creates a hostile work environment. Under state law, harassment is not an unlawful act unless the person alleging harassment complains to the appropriate authority at the workplace and the employer fails to investigate and take prompt remedial action if appropriate.
Under federal law, human immunodeficiency virus (HIV) infection is a protected disability. In the case of Bragdon v. Abbott, 118 S. Ct. 2196 (1998), the Court found that asymptomatic HIV infection is a disability under the Americans with Disabilities Act (ADA) “from the moment of infection” onward. In addition, the final ADA regulations list HIV infection as an impairment that will "virtually always" be found to be a covered disability. Employers are prohibited from discriminating against qualified applicants or employees who have or may be perceived as having AIDS or HIV infection.
There is no state law that prohibits testing, but testing should be conducted only where there is a job-related reason that would necessitate conducting such a test. The ADA prohibits employers from requiring employees to undergo medical tests unless ...