Colorado Discrimination laws & HR compliance analysis

Colorado Discrimination: What you need to know

The Colorado Antidiscrimination Act prohibits discrimination or harassment in employment based on disability, race, creed, color, sex (including sexual harassment), sexual orientation, religion, national origin, ancestry, or age (40 or older). The Act also prohibits employers from discharging or refusing to hire a person who is married to or plans to marry an employee of the employer (CO Rev. Stat. Sec. 24-34-401 et seq.). The Act applies to all employers with employees in the state, regardless of the number of employees, except for the marital status provisions that apply to employers with more than 25 employees.
Sexual orientation. "Sexual orientation" is defined under the Act as a person's actual or perceived orientation toward heterosexuality, homosexuality, bisexuality, or transgender status. The Act expressly permits employers to establish a dress code for the workplace as long as the dress code is applied consistently 3 CO Code Regs. 708-1 Rule 81.10).
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Marital status. Employers with 25 or more employees are prohibited from discharging an employee or refusing to hire an applicant solely because the employee or applicant is married to or plans to marry another employee of the employer (CO Rev. Stat. Sec. 24-34-402 (h)). The Act provides an exception for situations in which one spouse would:
• Exercise supervisory, appointment or dismissal authority, or disciplinary action over the other spouse;
• Audit, verify, receive, or be entrusted with moneys received or handled by the other spouse; or
• Have access to the employer's confidential information, including payroll and personnel records.
Harassment. “Harassment” is unlawful discrimination when it is based on an individual's protected class status, is ...

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