Colorado Sexual Harassment laws & HR compliance analysis

Colorado Sexual Harassment: What you need to know

The Colorado Anti-Discrimination Act prohibits employers from harassing a person in the course of employment based on sex, sexual orientation, gender identity, and gender expression (CO Rev. Stat. Sec. 24-34-402).
Gender expression. Under the Act, the term “gender expression” means an individual’s way of reflecting and expressing the individual’s gender to the outside world, typically through appearance, dress, and behavior.
Gender identity. The term “gender identity” means an individual’s innate sense of the individual’s own gender, which may or may not correspond with the individual’s sex assigned at birth.
Sexual orientation. "Sexual orientation" is defined under the Act as a person's actual or perceived identity in relation to the gender or genders to which the person is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction.
The Act applies to all employers in the state. Religious organizations or associations are not covered by the Act unless they are supported by public funds.
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Marital provisions. The statute also prohibits an employer with more than 25 employees from discharging or refusing to hire someone who is married to or plans to marry another employee of the employer (CO Rev. Stat. Sec. 24-34-401 et seq.). The marital provisions do not apply if one spouse would:
• Have supervisory, appointment, or dismissal authority or a disciplinary action over the spouse.
• Audit, verify, receive, or be entrusted with money received or handled by the other spouse.
• Have access to the employer's confidential information including payroll and personnel records.
“Harassment” occurs when a hostile work environment based on an ...

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