Colorado: Legislative Updates for Discrimination and Veteran Hiring

Gender-Based Discrimination. Effective September 11, 2021, Colorado recently passed HB 21-1108 which clarifies prohibited sexual discrimination in employment. Specifically, employers cannot discriminate on the basis of gender expression (i.e., expression of gender to outside world, such as appearance, dress, and behavior) or gender identity (i.e., innate sense of one’s own gender). Additionally, sexual orientation was clarified as an individual’s actual or perceived sexual or emotional attraction towards others and the behavior or social affiliation that may result.

Veterans’ Hiring. Effective September 21, 2021, Colorado also passed HB 21-1065 which allows private employers to give hiring preference to armed forces veterans, military reserves members, National Guard veterans, and spouses of disabled veterans or service members killed in the line of duty. The veteran or spouse must still be as qualified as other applicants for employment, but employers will not be engaging in an unfair labor practice for choosing them based on their eligibility status. Employers utilizing the hiring preference must apply the policy uniformly to all hiring decisions, obtain a copy of the employee’s proof of service (i.e., discharge document DD214) or marriage to the service member, and create a written policy at least 14 days before it is applied to any new job posting or hiring decision. Additionally, private employers may advertise for and actively recruit veterans to apply for employment regardless of whether they have a veterans’ preference hiring policy.

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