Federal & State Regulations | National origin 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 Guidelines on Discrimination Because of National Origin. The law protects all persons, including non-citizens, against discrimination on the basis of race, color, national origin, and ancestry in employment.

Examples of cases where investigations have been conducted regarding national origin discrimination include:

Use of tests in English where the individual tested did not have English as a first language, and where English language skill is not a requirement of the work;
Denial of equal opportunity to persons married to or associated with persons of a specific national origin;
Denial of equal opportunity because of attendance at schools or churches commonly utilized by persons of a given national origin;
Denial of equal opportunity because their name or that of their spouse reflects a certain national origin; and
Denial of equal opportunity to persons who tend to fall outside national norms for height and weight where such specifications are not necessary for the work involved.

It is discriminatory for an employer, or its agents or supervisory employees, to harass, with or without loss of income or other tangible employment action, a person during employment because of age. Harassment occurs if an intimidating, hostile or offensive working environment is created. An objectionable environment exists if a reasonable person would find the workplace hostile or abusive and the victim perceived the workplace to be offensive.

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.