Colorado Updated Anti-Discrimination By Adding Sexual Orientation

Colorado has signed a new law - Senate Bill 200 – which prevents certain types of discrimination by adding Sexual Orientation as a new protective category, effective May 29, 2008.

Colorado Governor Bill Ritter has signed a controversial bill into law that broadens the ban on Sexual Orientation Discrimination created by the 2007 amendments to Colorado’s civil rights law; these banned sexual orientation and religious discrimination in employment. The new bill defines sexual orientation as “a person’s orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another person’s perception thereof.”

In the new law, public accommodation is broadly defined as “any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages, or accommodations to the public.”

On the basis of the 2007 amendments to the Colorado Anti-Discrimination Act, many Colorado employers have already considered modifying their business policies regarding transgender employees. With the passing of the new law, Colorado employers should revisit those policies and consider whether the same protections should be extended to customers and guests.

Besides sexual orientation, Senate Bill 200 also adds creed, marital status, disability, national origin and ancestry to the protected statuses upon which an individual cannot be denied membership in a union or labor organization. The Colorado law now also broadens the bans prohibiting discrimination in employment decisions on account of sexual orientation in schools.

Similar legislation already exists in the following states: California, Connecticut, the District of Columbia, Massachusetts, Minnesota, New Hampshire, New Jersey, Rhode Island, Vermont and Wisconsin.