Federal & State Regulations | Gender 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 (such as bona fide occupational qualifications), are similar to those covered by the federal Guidelines on Discrimination Because of Sex.

The following situations do not warrant the application of the bona fide occupational qualification exception:

The refusal to hire an individual because of the preferences of co-workers, the employer, clients, or customers.
The fact that the employer may have to provide separate facilities will not justify discrimination under the bona fide occupational qualification, unless the expense would be clearly unreasonable.

A seniority system or line of progression which distinguishes between “light” and “heavy” jobs constitutes an unlawful employment practice if it operates as a disguised form of classification by sex, or creates unreasonable obstacles to the advancement by members of either sex into jobs which members of that sex could reasonably be expected to perform.

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.