Federal & State Regulations | Religious 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 Religion. In Colorado, creed is defined as a religious, moral, or ethical belief which is sincerely held.

Several charges and complaints filed have raised the question whether it is discrimination to discharge or refuse to hire employees who regularly observe Friday evening and Saturday, or some other day of the week as the Sabbath, or who observe certain special religious holidays during the year, and, as a consequence, do not work on such days.

The duty not to discriminate includes an obligation to make reasonable accommodations to religious needs where such accommodations can be made without undue hardship. Undue hardship may exist where the employee’s needed work cannot be performed by another employee of substantially similar qualifications during the period of absence of the Sabbath observer.

The employer must demonstrate that an undue hardship renders the required accommodations unreasonable. Each change and complaint will be reviewed on an individual basis to seek an adequate application of the law.

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.