First Regular Session

Sixty-first General Assembly

LLS NO. 97­0561.01 BWM HOUSE BILL 97­1266

STATE OF COLORADO

BY REPRESENTATIVE Leyba;

also SENATORS Tanner and Hernandez.

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING A DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICE TO DISCRIMINATE AGAINST PERSONS IN EMPLOYMENT BASED ON SEXUAL ORIENTATION.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Defines the term "sexual orientation" for purposes of the Colorado civil rights laws. Makes it a discriminatory or unfair employment practice for an employer to discriminate against any person in employment based on sexual orientation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  24­34­301, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

24­34­301.  Definitions. As used in parts 3 to 7 of this article, unless the context otherwise requires:

(7)  "SEXUAL ORIENTATION" MEANS A PERSON'S ORIENTATION TOWARD HETEROSEXUALITY, HOMOSEXUALITY, OR BISEXUALITY.

SECTION 2.  24­34­402 (1) (a), (1) (b), (1) (c), (1) (d), (1) (f) (I), (1) (f) (II), (1) (f) (III), and (2), Colorado Revised Statutes, 1988 Repl. Vol., as amended, are amended to read:

24­34­402.  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, or to discriminate in matters of compensation against any person otherwise qualified because of disability, race, creed, color, sex, SEXUAL ORIENTATION, age, national origin, or ancestry; 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;

(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, age, national origin, or ancestry 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, age, national origin, or ancestry; 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, age, national origin, or ancestry;

(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 expresses, either directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, SEXUAL ORIENTATION, age, national origin, or ancestry 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 on­the­job 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, age, national origin, or ancestry the right to be admitted to or participate in an apprenticeship training program, an on­the­job 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, age, national origin, or ancestry;

(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 expresses, directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, SEXUAL ORIENTATION, age, national origin, or ancestry or any intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification;

(2)  Notwithstanding any provisions of this section to the contrary, it is not a discriminatory or an unfair employment practice for the division of employment and training of the department of labor and employment to ascertain and record the disability, sex, SEXUAL ORIENTATION, age, race, creed, color, or national origin of any individual for the purpose of making such reports as may be required by law to agencies of the federal or state government only. Said records may be made and kept in the manner required by the federal or state law, but no such information shall be divulged by said division or department to prospective employers as a basis for employment, except as provided in this subsection (2).

SECTION 3.  Effective date ­ applicability. This act shall take effect upon passage and shall apply to violations of section 24­34­402, Colorado Revised Statutes, occurring on or after said date.

SECTION 4.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.