Religion Added to Characteristics Protected From Employment Discrimination

August 3, 2007

A significant amendment to Colorado's Anti-Discrimination Act ("CADA") will go into effect on August 8, 2007. The amendment prohibits employers from discriminating on the basis of sexual orientation or religion. Prior to the amendment, the CADA protected employees based on race, creed, color, sex, age, national origin, and ancestry.

The new law makes it illegal for employers to "refuse to hire, to discharge, to promote or to demote, to harass during the course of employment, or to discriminate in matters of compensation against any person otherwise qualified because of" such person's sexual orientation or religion. The amendment broadly defines "sexual orientation" as "a person's orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or an employer's perception thereof."

Unlike most federal anti-discrimination laws, which apply only to employers with fifteen or more employees, the CADA applies to all employers located within Colorado, regardless of the number of employees.

When the law goes into effect on August 8, Colorado will be the twentieth state to ban employment discrimination based upon sexual orientation, and the twelfth state to codify gender identity as a potential basis for workplace discrimination. While it is difficult at this point to predict how broadly the Colorado courts will interpret the new law, it is likely that they will look to other states with similar laws in effect for guidance.

Jackson Lewis attorneys are available to answer inquiries regarding this new law and assist employers in achieving compliance with its requirements.

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