Chapter 10 - § 10.2 • DISCRIMINATORY OR UNFAIR PRACTICES IN EMPLOYMENT

• Jurisdiction: Colorado

§ 10.2 • DISCRIMINATORY OR UNFAIR PRACTICES IN EMPLOYMENT

§ 10.2.1—Discriminatory Practices For Anyone

It is unlawful for anyone to participate in discrimination by aiding, abetting, inciting, compelling, or coercing the doing of any discriminatory or unfair employment practice; to obstruct or prevent any person from complying with CADA; or to attempt, either directly or indirectly, to commit any act defined as discriminatory under CADA. Intent to violate the Act is not required to establish a violation of this provision. Colo. Civil Rights Comm'n v. Travelers Ins. Co., 759 P.2d 1358 (Colo. 1988) (finding Travelers violated the Act by writing an employer's group insurance policy that discriminated against women by not covering costs of normal pregnancy and childbirth). Further, it is a discriminatory or unfair practice to discriminate against any person because that person has opposed any discriminatory or unfair employment practice; because that person has filed a charge of discrimination with the Commission; or because that person has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to CADA. C.R.S. § 24-34-402(1)(e)(IV).

§ 10.2.2—Employer Discriminatory Practices

An employer may not refuse to hire, discharge, promote, demote, harass, or otherwise discriminate in matters of compensation or otherwise against any person otherwise qualified for employment because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, age, national origin, ancestry, or because the person is a victim of domestic abuse. C.R.S. § 24-34-402(1)(a); C.R.S. § 24-34-402.7(3). Whereas the earlier version limited CCRD jurisdiction to the specific practices of discharge, refusal to hire, failure to promote or demote, harassment, and "other discrimination," the 2009 CADA amendment expanded proscribed employer discrimination to include discrimination in any of the "terms, conditions or privileges of employment." C.R.S. § 24-34-402. The earlier version limited CCRD jurisdiction to the specific practices of discharge, refusal to hire, failure to promote or demote, harassment, and "other discrimination." However, a consistently applied, reasonable dress code is not a violation of the Act. C.R.S. § 24-34-402(5). An employer is only covered by the prohibition of discrimination on the basis of marital status if it employs 25 or more employees, and CADA only proscribes refusing to...