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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0641.01 JJC HOUSE BILL 98­1270

STATE OF COLORADO

BY REPRESENTATIVE Leyba;

also SENATOR Tanner.

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING THE EXTENSION OF CIVIL RIGHTS TO THOSE PERSONS DISCRIMINATED AGAINST ON THE BASIS OF SEXUAL ORIENTATION.

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 to the list of characteristics for which a person may not be discriminated against under the state laws applying to:

$ Consumer credit sales, consumer leases, or consumer loans;

$ Membership in a labor organization;

$ Funeral establishment services;

$ Enrollment or classification of students at private occupational schools;

$ Written school board policies regarding employment, promotion, and dismissal;

$ Library resources provided to teachers and children in a school district;

$ Teacher assignments or transfers;

$ Employers' practices involving hiring, discharge, promotion or demotion, and compensation;

$ 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;

$ Apprenticeship training programs or other occupational instruction programs;

$ Refusals to sell or rent any housing;

$ Housing lenders making inquiries of applicants or of prospective occupants or tenants;

$ Publishing of notices or sale or rental of housing properties and any preferences or limitations;

$ Residential real estate agents, listing services, or any organization that induces a person to sell or rent because of the entry of a person in a protected class into the neighborhood;

$ The representation that a property is not available when, in fact, it is;

$ Real estate appraiser practices involving the use of factors other than protected classes;

$ The withholding of goods and services or the publishing of such practices with the intent to discriminate;

$ Employment practices of county departments of social services involving selection, retention, and promotion of employees;

$ Restrictions imposed by the Colorado housing and finance authority before making a housing facility loan.


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

SECTION 1.  2­4­401, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

2­4­401.  Definitions.  The following definitions apply to every statute, unless the context otherwise requires:

(13.5)  "SEXUAL ORIENTATION" MEANS HAVING OR BEING PERCEIVED AS HAVING AN EMOTIONAL, PHYSICAL, OR SEXUAL ATTACHMENT TO ANOTHER PERSON WITHOUT REGARD TO THE SEX OF THAT PERSON, OR HAVING OR BEING PERCEIVED AS HAVING A SELF­IMAGE OR IDENTITY NOT TRADITIONALLY ASSOCIATED WITH ONE'S BIOLOGICAL MALENESS OR FEMALENESS.

SECTION 2.  5­1­109, Colorado Revised Statutes, is amended to read:

5­1­109.  Discrimination prohibited.  No consumer credit sale, consumer lease, or consumer loan regulated by this title shall be denied any person, nor shall terms and conditions be made more stringent, on the basis of discrimination, solely because of race, creed, religion, color, sex, SEXUAL ORIENTATION, marital status, national origin, or ancestry. This section shall not apply to any consumer credit sale, consumer lease, or consumer loan made or denied by a seller, lessor, or lender whose total original unpaid balances arising from consumer credit sales, consumer leases, and consumer loans for the previous calendar year are less than one million dollars.

SECTION 3.  8­3­102 (1) (d), Colorado Revised Statutes, is amended to read:

8­3­102.  Legislative declaration. (1)  The public policy of the state as to employment relations and collective bargaining, in the furtherance of which this article is enacted, is declared to be as follows:

(d)  All rights of persons to join labor organizations or unions and their rights and privileges as members thereof should be recognized, safeguarded, and protected. No person shall be denied membership in a labor organization or union on account of race, color, religion, sex, OR SEXUAL ORIENTATION or by any unfair or unjust discrimination. Arbitrary or excessive initiation fees and dues shall not be required, nor shall excessive, unwarranted, arbitrary, or oppressive fines, penalties, or forfeitures be imposed. The members are entitled to full and detailed reports from their officers, agents, or representatives of all financial transactions and shall have the right to elect officers by secret ballot and to determine and vote upon the question of striking, not striking, and other questions of policy affecting the entire membership.

SECTION 4.  12­54­117 (1) (e), Colorado Revised Statutes, is amended to read:

12­54­117.  Unlawful acts. (1)  It is unlawful:

(e)  For any funeral establishment or mortuary science practitioner under this part 1 to discriminate in services because of race, creed, color, SEXUAL ORIENTATION, or national origin;

SECTION 5.  12­59­106 (1) (s), Colorado Revised Statutes, is amended to read:

12­59­106.  Minimum standards. (1)  In establishing the criteria required by section 12­59­105 (1) (a), (1) (b), and (1) (n), the division shall observe and require compliance with at least the following minimum standards for all schools:

(s)  That the school shall not deny enrollment of a student or make any distinction or classification of students on account of race, color, creed, national origin, SEXUAL ORIENTATION, or sex.

SECTION 6.  22­32­110 (1) (k) and (1) (dd), Colorado Revised Statutes, are amended to read:

22­32­110.  Board of education ­ specific powers. (1)  In addition to any other power granted to a board of education of a school district by law, each board of education of a school district shall have the following specific powers, to be exercised in its judgment:

(k)  To adopt written policies AND rules, and regulations, not inconsistent with law, which may relate to the efficiency, in­service training, professional growth, safety, official conduct, and welfare of the employees, or any classification thereof, of the district. The practices of employment, promotion, and dismissal shall be unaffected by the employee's religious beliefs, marital status, SEXUAL ORIENTATION, racial or ethnic background, or participation in community affairs.

(dd)  To provide, in the discretion of the local board, out of federal grants made available specifically for this purpose, library resources which, for the purposes of this title, means books, periodicals, documents, magnetic tapes, films, phonograph records, and other related library materials and printed and published instructional materials for the use and benefit of all children in the district and the use of teachers to benefit all children in the district, both in the public and nonpublic schools, without charge and without discrimination on the ground of race, color, religion, sex, SEXUAL ORIENTATION, or national origin;

SECTION 7.  22­63­206 (1), Colorado Revised Statutes, is amended to read:

22­63­206.  Transfer ­ compensation. (1)  A teacher may be transferred upon the recommendation of the chief administrative officer of a school district from one school, position, or grade level to another within the school district, if such transfer does not result in the assignment of the teacher to a position of employment for which he OR SHE is not qualified by virtue of academic preparation and certification and if, during the then current school year, the amount of salary of such teacher is not reduced except as otherwise provided in subsections (2) and (3) of this section. There shall be no discrimination shown toward any teacher in the assignment or transfer of that teacher to a school, position, or grade because of sex, SEXUAL ORIENTATION, race, creed, color, or membership or nonmembership in any group or organization.

SECTION 8.  24­34­402 (1) (a), (1) (b), (1) (c), (1) (d), and (1) (f), Colorado Revised Statutes, 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 THAT 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 THAT 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;

SECTION 9.  24­34­502 (1) (a), (1) (b), (1) (d), (1) (g), (1) (h), (1) (i), (1) (j), and (6), Colorado Revised Statutes, are amended to read:

24­34­502.  Unfair housing practices prohibited. (1)  It shall be an unfair housing practice and unlawful and hereby prohibited:

(a)  For any person to refuse to show, sell, transfer, rent, or lease, or to refuse to receive and transmit any bona fide offer to buy, sell, rent, or lease, or otherwise make unavailable or deny or withhold from any person such housing because of disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, familial status, religion, national origin, or ancestry; to discriminate against any person because of disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, familial status, religion, national origin, or ancestry in the terms, conditions, or privileges pertaining to any housing or the transfer, sale, rental, or lease thereof or in the furnishing of facilities or services in connection therewith; or to cause to be made any written or oral inquiry or record concerning the disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, familial status, religion, national origin, or ancestry of a person seeking to purchase, rent, or lease any housing; however, nothing in this paragraph (a) shall be construed to require a dwelling to be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others;

(b)  For any person to whom application is made for financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing to make or cause to be made any written or oral inquiry concerning the disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, familial status, religion, national origin, or ancestry of a person seeking such financial assistance or concerning the disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, familial status, religion, national origin, or ancestry of prospective occupants to tenants of such housing, or to discriminate against any person because of the disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, familial status, religion, national origin, or ancestry of such person or prospective occupants or tenants in the terms, conditions, or privileges relating to the obtaining or use of any such financial assistance;

(d)  For any person to make, print, or publish or cause to be made, printed, or published any notice or advertisement relating to the sale, transfer, rental, or lease of any housing which THAT indicates any preference, limitation, specification, or discrimination based on disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, familial status, national origin, or ancestry;

(g)  For any person whose business includes residential real estate­related transactions, which transactions involve the making or purchasing of loans secured by residential real estate or the provisions of other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling or the selling, brokering, or appraising of residential real property, to discriminate against any person in making available such a transaction or in fixing the terms or conditions of such a transaction because of race, creed, color, religion, sex, SEXUAL ORIENTATION, marital status, disability, familial status, or national origin or ancestry;

(h)  For any person to deny another person access to or membership or participation in any multiple­listing service, real estate brokers' organization or other service, organization, or facility related to the business of selling or renting dwellings or to discriminate against such person in the terms or conditions of such access, membership, or participation on account of race, creed, color, religion, sex, SEXUAL ORIENTATION, disability, marital status, familial status, or national origin or ancestry;

(i)  For any person, for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, SEXUAL ORIENTATION, disability, familial status, creed, national origin, or ancestry;

(j)  For any person to represent to any other person that any dwelling is not available for inspection, sale, or rental, when such dwelling is in fact available, for the purpose of discriminating against another person on the basis of race, color, religion, sex, SEXUAL ORIENTATION, disability, familial status, creed, national origin, or ancestry.

(6)  Nothing in this part 5 shall prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, creed, color, religion, sex, SEXUAL ORIENTATION, marital status, familial status, disability, religion, national origin, or ancestry.

SECTION 10.  24­34­601 (2), Colorado Revised Statutes, is amended to read:

24­34­601.  Discrimination in places of public accommodation. (2)  It is a discriminatory practice and unlawful for a person, directly or indirectly, to refuse, withhold from, or deny to an individual or a group, because of disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, national origin, or ancestry, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or, directly or indirectly, to publish, circulate, issue, display, post, or mail any written or printed communication, notice, or advertisement which THAT indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation will be refused, withheld from, or denied an individual or that an individual's patronage or presence at a place of public accommodation is unwelcome, objectionable, unacceptable, or undesirable because of disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, national origin, or ancestry.

SECTION 11.  24­34­701, Colorado Revised Statutes, is amended to read:

24­34­701.  Publishing of discriminative matter forbidden.  No person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, resort, or amusement, directly or indirectly, by himself or herself or through another person shall publish, issue, circulate, send, distribute, give away, or display in any way, manner, or shape or by any means or method, except as provided in this section, any communication, paper, poster, folder, manuscript, book, pamphlet, writing, print, letter, notice, or advertisement of any kind, nature, or description which THAT is intended or calculated to discriminate or actually discriminates against any disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, national origin, or ancestry or against any of the members thereof in the matter of furnishing or neglecting or refusing to furnish to them or any one of them any lodging, housing, schooling, or tuition or any accommodation, right, privilege, advantage, or convenience offered to or enjoyed by the general public or which THAT states that any of the accommodations, rights, privileges, advantages, or conveniences of any such place of public accommodation, resort, or amusement shall or will be refused, withheld from, or denied to any person or class of persons on account of disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, national origin, or ancestry or that the patronage, custom, presence, frequenting, dwelling, staying, or lodging at such place by any person or class of persons belonging to or purporting to be of any particular disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status, national origin, or ancestry is unwelcome or objectionable or not acceptable, desired, or solicited.

SECTION 12.  26­1­120, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

26­1­120.  Merit system ­ repeal. (8.5)  THE MERIT SYSTEM PROVIDED BY THE COUNTIES SHALL ASSURE FAIR TREATMENT OF APPLICANTS AND EMPLOYEES IN ALL ASPECTS OF PERSONNEL ADMINISTRATION WITHOUT REGARD TO SEXUAL ORIENTATION.

SECTION 13.  29­4­717 (2) (a), Colorado Revised Statutes, is amended to read:

29­4­717.  Findings ­ percentage of low­income families required. (2)  Prior to the authority's making or committing to make any housing facility loan, the board shall find:

(a)  That, with respect to such housing facility, no restrictions are imposed as to sex, SEXUAL ORIENTATION, race, creed, or national origin of occupants;

SECTION 14.  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.