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 on the basis of sex or sexual orientation (CO Rev. Stat. Sec. 24-34-402). "Sexual orientation" is defined under the Act as a person's orientation toward heterosexuality, homosexuality, bisexuality, or transgender status; or an employer's perception of the person's sexual orientation.
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 individual's sex or sexual orientation has been created (CO Rev. Stat. Sec. 24-34-402; CO Code Regs. Tit. 3 Sec. 708-1 Rule 80-11(A)). It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
• Submission to such conduct is made a requirement of employment (either explicitly or implicitly); or
• The individual's response to such conduct is used as the basis for decisions to deny the individual employment or a term or condition of ...

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