Chapter 10 - § 10.1 • GENERAL PROVISIONS

• Jurisdiction: Colorado

§ 10.1 • GENERAL PROVISIONS

§ 10.1.1—Overview

Colorado's Anti-Discrimination Act (CADA) prohibits discrimination based on protected status in the workplace, housing, and public accommodations. Categories protected include disability, race, creed, color, sex, pregnancy, sexual orientation, religion, age, national origin or ancestry, victims of domestic abuse, marital status, and "lawful off-duty activities." C.R.S. § 24-34-402(1)(a). Under CADA, it is a discriminatory or unfair employment practice for an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation against any person otherwise qualified because of that individual's protected status. Employment agencies, labor unions, and a variety of other labor organizations are also prohibited from discrimination on these bases. CADA applies to employees, job applicants, and members of labor organizations. Broader than federal law, CADA applies to state and local governments, employment agencies, labor unions, and virtually all employers.

CADA established a state agency, the Colorado Civil Rights Division (CCRD), which is charged with its enforcement and with eliminating discriminatory practices in the workplace. The CCRD is supervised by the Colorado Civil Rights Commission (Commission), whose members are appointed by the governor. Aggrieved individuals must file a charge of discrimination with the CCRD within six months of notice of the claimed discriminatory treatment and exhaust administrative procedures before earning the right to file a private state court action. Relevant statutory provisions may be found at C.R.S. §§ 24-34-301, et seq., and the CCRD's Rules are codified in 3 C.C.R. 708-1.

CADA was amended in 2007 to add a proscription against sexual orientation discrimination and again in 2016 to add protections for pregnancy. The 2007 amendments also added a safe harbor for religious organizations, and eliminated the possibility of an employer attorney fee award in cases alleging violation of the lawful off-the-job activity statute.

CADA was also amended in 2013 by HB 13-1136, the Job Protection and Civil Rights Enforcement Act of 2013. These amendments went into effect January 1, 2015, and apply to causes of action accruing on or after January 1, 2015. The principal aim of the bill is to substantially strengthen the remedies available to employees who prove violations of CADA. The Job Protection and Civil Rights Enforcement Act of 2013 does not add any new rights to CADA. Feb. 14, 2013 Session, 4:28. Rather, the law repeals, reenacts, and amends portions of C.R.S. Title 24, Article 34, Parts 3 and 4 ("Colorado Civil Rights Division" and "Employment Practices," respectively).

Practice Pointer
CADA applies to virtually all employers and protects more categories of individuals than federal law. Recent changes in the remedies provisions of CADA make it even more important for smaller employers to understand employment law. While it is unclear what the actual impacts will be, enhanced remedies and the availability of attorney fees will likely allow employees increased access to counsel, and the potential for increased litigation for employers.

§ 10.1.2—Remedies Under CADA

Under CADA, the Commission or a court may award or require reinstatement or hiring of employees, back pay (for up to two years prior to the filing of the charge of discrimination, reduced by any amount that was or could have been earned with reasonable diligence), front pay, or "any other equitable relief the commission or court deems...