Littler Lightbulb: Colorado Provides New Employment Legal guidelines This Session – Employment and HR

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Littler Lightbulb: Colorado is adding new labor laws in this session

July 06, 2021

Little Mendelson

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Over the past two years, Colorado has enacted a number of significant labor laws, including the Healthy Families & Workplaces Act and the Equal Pay for Equal Work Act. The Colorado 2021 legislature ended June 12, 2021. This lightbulb illuminates two recently passed labor laws. The Littler Denver office continuously monitors these issues and other state and local developments as they unfold.

• Colorado Update of the bans against gender discrimination. On May 20, 2021, the governor signed HB 21-1108 expanding the categories of protected classes under the Colorado Anti-Discrimination Act. Colorado law already prohibited discrimination in the workplace based on disability, race, creed, color, sexual orientation, religion, age, national origin, or ancestry. The new law makes it clear that employers cannot discriminate against a person on the basis of their “gender expression” or “gender identity”. Gender expression means a person’s way of reflecting and expressing their gender outwardly, which is typically demonstrated through their looks, clothing, and behavior. Gender identity means a person’s innate sense of their own gender, which may or may not be the same as the gender assigned at birth.

The law further specifies the definition of sexual orientation. The law defines “sexual orientation” as a person’s orientation in relation to heterosexuality, homosexuality, bisexuality, or transgender status. For the purposes of the Amendment, “sexual orientation” means a person’s identity or another person’s perception of the sex or genders to which one is sexually or emotionally attracted and the behavior or social affiliation that results from the Attraction. These changes will take effect on September 11, 2021.

Employers should review and consider revising their anti-discrimination policies and procedures, any workplace hygiene or dress code guidelines. Additional training from HR, supervisors and managers may also be required to ensure adequate training on company policies, including maintenance and EEO policies. Colorado employers should also consider providing diversity and inclusion training to managers who are responsible for enforcing or otherwise interpreting company standards or policies. Effective training can help employers to create and appropriately interpret neutral standards of care that promote both the company’s business interests and a legally compliant and inclusive work environment.

• Attitude preference of veterans. Colorado also recently enacted HB 21-1065, which allows, but does not require, private employers to give preference to certain eligible individuals. In general, subject to certain time restrictions, eligible persons are: (1) a veteran of the armed forces; (2) a member of the military reserve; (3) a National Guard veteran; or (4) a spouse of a disabled veteran or soldier killed on duty. The law makes it clear that a private employer who puts in place a program that gives preferences to veterans or their spouses is given a rebuttable presumption that the employer is not engaged in discriminatory or unfair labor practices. From September 21, 2021, private employers can give preference to the above-mentioned persons when hiring a new employee, provided the person entitled is “as qualified as other applicants for a job”. All Veteran’s hiring policies must be in writing and implemented at least 14 days prior to being applied to a posting or hiring decision, must be consistently applied to all hiring decisions, and require specific evidence that the individual is eligible. Finally, the law makes it clear that employers can advertise and actively hire veterans, regardless of whether or not they adopt a veteran recruitment policy.

Colorado employers should take this opportunity to review all policies and procedures affected by HB 1108 or HB 1065 and to contact the employment advisor with any questions.

The content of this article is intended to provide general guidance on the subject. You should seek expert advice regarding your specific circumstances.

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