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Legislature Amends Colorado Anti-Discrimination Act

By Community Manager posted 06-03-2022 10:09 AM

  

On May 9, 2022, the Colorado General Assembly passed House Bill (HB) 22-1367, which amends the Colorado Anti-Discrimination Act (CADA). Employers should be aware of the following updates: 

  • HB22-1367 extends the time frame an individual has to file a discrimination charge with the Colorado Civil Rights Division (CCRD) from 180 days to 300 days. Employees will now have nearly a year to file a discrimination complaint with the CCRD, as well as with the Equal Employment Opportunity Commission (EEOC), which also has a filing deadline of 300 days. 
  • HB22-1367 expands the definition of “employee” to include individuals who work in “domestic service.” Under Colorado law, a domestic service worker is someone who performs tasks such as housecleaning, cooking, childcare, gardening, and personal services in a private household. In addition, the bill provides that it is not discriminatory or an unfair employment practice with respect to sex for a person to consider sex when hiring an employee engaged in childcare-related domestic services.  
  • Regarding the CCRD’s jurisdiction over discrimination complaints, HB22-1367 extends the time frame the CCRD has to notice a hearing on a discrimination complaint from 270 days to 450 days. If the CCRD does not notice a hearing on the complaint within 450 days, the CCRD will lose jurisdiction over the complaint. 
  • In regard to age discrimination claims, HB22-1367 has removed the prior prohibition against certain damages and will now allow for plaintiffs to recover compensatory and punitive damages. Moreover, HB22-1367 will allow complainants the ability to request a jury trial. 

When can employers expect HB22-1367 to take effect? If Governor Polis signs or declines to veto HB22-1367 within 30 days of adjournment, employers can expect it to take effect August 10, 2022.

What does HB22-1367 mean for employers? Individuals will have substantially more time to file discrimination complaints with the CCRD as the new filing deadline aligns with the EEOC’s 300-day filing deadline. Additionally, the CCRD will have substantially more time to retain jurisdiction to investigate discrimination complaints. With the expanded definition of “employee” to now include domestic service workers, individuals who engage in domestic service work may now fall under the umbrella of the CADA. For instance, a parent who hires someone to provide childcare for their children would now be subject to the anti-discrimination provisions of CADA. Furthermore, employers should be aware that if an employee makes a claim of age discrimination, the employer could be liable for compensatory and punitive damages.  

Employers Council is here to answer any questions you may have about the recent legislative amendments to CADA. Contact the Member Experience team by email or call 800-884-1328. 

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