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['Disabilities and ADA']
['Disabilities and ADA']
01/31/2024
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Disability discrimination - Colorado
Summary of differences between federal and state regulations
Employer defined
“Employer” means the state of Colorado or any political subdivision, commission, department, institution, or school district thereof, and every other person employing persons within the state. It does not mean religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing.
Unlawful employment practices
The unlawful employment practices, as well as the exemptions, are similar to those covered by the federal Americans With Disabilities Act (ADA). Like the ADA, Colorado defines a disability as a physical or mental impairment which substantially limits one or more major life activities. Employers are also required to make reasonable accommodations unless doing so would impose an undue hardship on an employer’s operation.
In the event of alleged workplace harassment a defending employer may raise an affirmative defense to liability to a victimized employee. Such defense is that:
- the employer exercised reasonable care to prevent and correct promptly any harassing behavior, and
- the victimized employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.
Employers are encouraged to take all steps necessary to prevent workplace harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment and developing methods to sensitize all concerned.
Posting
Every covered employer and entity must post a notice furnished by the Colorado Civil Rights Commission which contains the provisions of Colorado Revised Statutes, Title 24, Article 34, Parts 3 through 7.
Employers and employment agencies must post notices conspicuously in easily accessible and well-lighted places customarily frequented by employees and applicants for employment, and at or near each location where employees’ services are performed.
Labor organizations must post notices conspicuously in easily accessible and well-lighted places customarily frequented by members and applicants for membership.
Places of public accommodation, amusement and resort, must post notices conspicuously in easily accessible and well-lighted places customarily frequented by people seeking accommodation, amusement, recreation, or other services offered to the general public.
Real estate brokers or agents, home builders, home mortgage lenders and all other persons who transfer, rent, or finance real estate must obtain one or more printed nondiscrimination notices and post them in all places where real estate transfers, rentals and loans are executed. The notices must be posted and maintained in conspicuous, well-lighted and easily accessible places ordinarily frequented by prospective buyers, renters, borrowers, and the general public.
State
Contact
Colorado Civil Rights Division
Regulations
Colorado Revised Statutes Title 24, Article 34
www.lexisnexis.com/hottopics/michie/
Part 3: Colorado Civil Rights
www.lexisnexis.com/hottopics/michie/
Part 4: Employment Practices
www.lexisnexis.com/hottopics/michie/
Rules prohibiting discrimination on account of mental and physical disability: Rule 60.1
www.lexisnexis.com/hottopics/michie/
Work place harassment: Rule 85.1
www.lexisnexis.com/hottopics/michie/
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Americans With Disabilities Act
29 CFR Parts 1630, Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.