SENATE 3rd Reading Unamended April 18, 2001 SENATE Amended 2nd Reading April 17, 2001First Regular Session Sixty-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 01-0798.01 Christy Chase SENATE BILL 01-154 SENATE SPONSORSHIP Linkhart, and Tate HOUSE SPONSORSHIP Veiga, Senate Committees House Committees Business, Labor, and Finance State, Veterans, & Military Affairs Appropriations Appropriations A BILL FOR AN ACT Concerning the expansion of employment nondiscrimination protections. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Adds sexual orientation and gender identity to the list of characteristics for which a person may not be discriminated against under state laws applying to:  Employers' practices involving hiring, discharging, promoting, or demoting employees, the harassment of employees, and the compensation of employees;  Employment agency practices involving listings, referrals, or complying with an employer's direct or indirect request to discriminate;  Labor organization practices involving the exclusion, expulsion, or other discrimination in membership;  Employer, employment agency, or labor organization practices involving the use of a discriminatory publication, application, or inquiry; and  Apprenticeship training programs or other occupational instruction programs. Excludes religious organizations from the definition of "employer" for purposes of complying with state employment nondiscrimination laws. Defines terms. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 24-34-401, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 24-34-401. Definitions. As used in this part 4, unless the context otherwise requires: (4.5) "Gender identity" means: (a) Having a changed gender as a result of a sex change surgery; or (b) Manifesting, for reasons other than dress, an identity not traditionally associated with one's biological maleness or femaleness. (7.5) "Sexual orientation" means a person's actual or perceived orientation toward heterosexuality, homosexuality, or bisexuality. SECTION 2. 24-34-402 (1) (a), (1) (b), (1) (c), (1) (d), and (1) (f), Colorado Revised Statutes, are amended, and the said 24-34-402 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 24-34-402. Discriminatory or unfair employment practices. (1) It shall be a discriminatory or unfair employment practice: (a) For an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation against any person otherwise qualified because of disability, race, creed, color, sex, sexual orientation, gender identity, age, national origin, religion, or ancestry or because the person chooses to display a bible, star of David, islamic cresent, or other religious symbol on the person's desk or work area; but, with regard to a disability, it is not a discriminatory or an unfair employment practice for an employer to act as provided in this paragraph (a) if there is no reasonable accommodation that the employer can make with regard to the disability, the disability actually disqualifies the person from the job, and the disability has a significant impact on the job. For purposes of this paragraph (a), "harass" means to create a hostile work environment based upon an individual's race, national origin, sex, sexual orientation, gender identity, disability, age, or religion or because the individual chooses to display a bible, star of David, islamic cresent, or other religious symbol on the individual's desk or work area. Notwithstanding the provisions of this paragraph (a), harassment is not an illegal act unless a complaint is filed with the appropriate authority at the complainant's workplace and such authority fails to initiate a reasonable investigation of a complaint and take prompt remedial action if appropriate. (b) For an employment agency to refuse to list and properly classify for employment or to refer an individual for employment in a known available job for which such individual is otherwise qualified because of disability, race, creed, color, sex, sexual orientation, gender identity, age, national origin, religion, or ancestry or because the person chooses to display a bible, star of David, islamic cresent, or other religious symbol on the person's desk or work area or for an employment agency to comply with a request from an employer for referral of applicants for employment if the request indicates either directly or indirectly that the employer discriminates in employment on account of disability, race, creed, color, sex, sexual orientation, gender identity, age, national origin, religion, or ancestry or because the person chooses to display a bible, star of David, islamic cresent, or other religious symbol on the person's desk or work area; but, with regard to a disability, it is not a discriminatory or an unfair employment practice for an employment agency to refuse to list and properly classify for employment or to refuse to refer an individual for employment in a known available job for which such individual is otherwise qualified if there is no reasonable accommodation that the employer can make with regard to the disability, the disability actually disqualifies the applicant from the job, and the disability has a significant impact on the job; (c) For a labor organization to exclude any individual otherwise qualified from full membership rights in such labor organization, or to expel any such individual from membership in such labor organization, or to otherwise discriminate against any of its members in the full enjoyment of work opportunity because of disability, race, creed, color, sex, sexual orientation, gender identity, age, national origin, religion, or ancestry or because the person chooses to display a bible, star of David, islamic cresent, or other religious symbol on the person's desk or work area; (d) For any employer, employment agency, or labor organization to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment or membership, or to make any inquiry in connection with prospective employment or membership which that expresses, either directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, sexual orientation, gender identity, age, national origin, religion, or ancestry or because the person chooses to display a bible, star of David, islamic cresent, or other religious symbol on the person's desk or work area or intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification or required by and given to an agency of government for security reasons; (f) For any employer, labor organization, joint apprenticeship committee, or vocational school providing, coordinating, or controlling apprenticeship programs or providing, coordinating, or controlling on-the-job training programs or other instruction, training, or retraining programs: (I) To deny to or withhold from any qualified person because of disability, race, creed, color, sex, sexual orientation, gender identity, age, national origin, religion, or ancestry or because the person chooses to display a bible, star of David, islamic cresent, or other religious symbol on the person's desk or work area the right to be admitted to or participate in an apprenticeship training program, an on-the-job training program, or any other occupational instruction, training, or retraining program; but, with regard to a disability, it is not a discriminatory or an unfair employment practice to deny or withhold the right to be admitted to or participate in any such program if there is no reasonable accommodation that can be made with regard to the disability, the disability actually disqualifies the applicant from the program, and the disability has a significant impact on participation in the program; (II) To discriminate against any qualified person in pursuit of such programs or to discriminate against such a person in the terms, conditions, or privileges of such programs because of disability, race, creed, color, sex, sexual orientation, gender identity, age, national origin, religion, or ancestry or because the person chooses to display a bible, star of David, islamic cresent, or other religious symbol on the person's desk or work area; (III) To print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for such programs, or to make any inquiry in connection with such programs which that expresses, directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, sexual orientation, gender identity, age, national origin, religion, or ancestry or because the person chooses to display a bible, star of David, islamic cresent, or other religious symbol on the person's desk or work area; or any intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification; (5) For purposes of this section, "employer" does not include any religious organization or association, except such organization or association that is supported in whole or in part by money raised by taxation or public borrowing. SECTION 3. Effective date - applicability. (1) This act shall take effect July 1, 2002, unless a referendum petition is filed during the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall take effect on the specified date only if approved by the people. (2) The provisions of this act shall apply to employment practices engaged in on or after the applicable effective date of this act.