Colorado Age Discrimination laws & HR compliance analysis

Colorado Age Discrimination: What you need to know

The Colorado Antidiscrimination Act prohibits discrimination or harassment in the course of employment on the basis of age against individuals who are at least 40 years of age (CO Rev. Stat. Sec. 24-34-401 et seq. ; 3 CO Code Regs. 708-1, Rule 40.2). The Act applies to all employers in the state. Under the Act, it is unlawful to:
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• Refuse to hire or promote, discharge, harass during the course of employment, or discriminate in the compensation of any person because of age.
• Aid, compel, or coerce any discriminatory or unfair employment practice.
• Discriminate against any person who has opposed unlawful discrimination, 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 age, unless based on a BFOQ.
• Print or circulate any statement or advertisement for employment or application for employment that expresses a limitation, specification, or discrimination as to age, unless based on a bona fide occupational qualification (BFOQ).
According to the Colorado Civil Rights Commission's rules on age discrimination, it is unlawful for an employer to publish advertisements for employment using terms such as “young,” “recent college graduate,” or "retired person" (3 CO Code Regs. 708-1, Rule 40.2). Employers are also prohibited from discriminating on the basis of age within the protected age group.
Harassment. Unlawful workplace ...

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