Colorado Sexual Harassment Laws: Your Rights and Remedies

Quick Answer: Sexual harassment is illegal in Colorado under the Colorado Anti-Discrimination Act (CADA), covering employers with just 1 employee. There are two types: quid pro quo (job benefits for sexual favors) and hostile work environment (severe or pervasive conduct). File with CCRD within 300 days. Colorado's broad employer coverage means virtually all workers are protected.

You have the right to work free from harassment.

Laws Prohibiting Sexual Harassment

Colorado Anti-Discrimination Act (CADA)

State protection:

• Covers employers with 1+ employees
• Sexual harassment is sex discrimination
• File with CCRD
• 300-day deadline
• Broadest coverage in nation

Title VII of Civil Rights Act

Federal protection:

• Covers employers with 15+ employees
• File with EEOC
• 300-day deadline

CADA's Broad Coverage

Key advantage:

• Virtually all employers covered
• Only 1 employee required
• Protects workers in small businesses
• Federal law misses

Types of Sexual Harassment

Quid Pro Quo

"This for that":

• Job benefit tied to sexual favors
• Submission required for opportunity
• Rejection results in adverse action

Examples:

• Promotion for dating
• Fired for refusing advances
• Hours cut after rejecting supervisor

Hostile Work Environment

Severe or pervasive conduct:

• Unwelcome sexual behavior
• Alters working conditions
• Creates intimidating environment

Examples:

• Sexual comments or jokes
• Unwanted touching
• Sexual images displayed
• Repeated propositions

What Constitutes Harassment

Unwelcome Conduct

Key element:

• Must be unwelcome
• Not invited or desired
• Submission doesn't equal welcome

Types of Conduct

Can include:

• Physical contact
• Verbal comments
• Visual displays
• Electronic communications
• Gestures

The "Severe or Pervasive" Standard

Courts consider:

• Frequency
• Severity
• Physical vs. verbal
• Threatening or humiliating
• Interferes with work

Filing a Complaint

CCRD (State)

For CADA claims:

• Colorado Civil Rights Division
• 300-day deadline
• Phone: 303-894-2997
• Toll-free: 1-800-262-4845

EEOC (Federal)

For Title VII claims:

• 300-day deadline
• Phone: 1-800-669-4000

Internal First

Usually recommended:

• Report to HR
• Use employer process
• Document everything
• Creates record

Building Your Case

Documentation

Keep records of:

• Each incident (date, time, place)
• What was said or done
• Who witnessed
• How you responded
• Who you reported to

Witnesses

Identify:

• Who saw harassment
• Who you told
• Other victims

Physical Evidence

Preserve:

• Emails and texts
• Photos
• Written materials
• Voicemails

Employer Liability

For Supervisor Harassment

Employer liable when:

• Tangible employment action taken
• Or failed to prevent/correct

For Co-Worker Harassment

Employer liable if:

• Knew or should have known
• Failed to take action

Employer Defense

May avoid liability if:

• Reasonable preventive measures
• Employee unreasonably failed to report

Damages Available

Under CADA

Can recover:

• Back pay
• Front pay
• Compensatory damages
• Emotional distress
• Punitive damages
• Attorney's fees

Retaliation Protection

Protected Activities

Cannot punish for:

• Reporting harassment
• Filing complaint
• Participating in investigation

If Retaliated Against

Options:

• Add retaliation claim
• File separate complaint
• Often stronger than original claim

Frequently Asked Questions

Who is covered by Colorado harassment laws?

Virtually all workers. CADA covers employers with just 1 employee.

How long do I have to file?

300 days from the harassment.

Does it have to be physical?

No. Verbal, visual, and electronic harassment counts.

Do I have to report internally first?

Recommended but not required. Creates record and may help case.

Related Topics

• Colorado CADA Guide
• Filing a CCRD Complaint
• Colorado Hostile Work Environment
• Colorado Workplace Discrimination

Take Action

If you're being harassed:

1. Document everything
2. Report through employer channels
3. File with CCRD within 300 days
4. Consider dual filing with EEOC
5. Consult employment attorney

No one should tolerate harassment at work.

Legal Disclaimer

This article provides general information about sexual harassment laws in Colorado and is not legal advice. For specific advice, consult a licensed Colorado employment attorney.

For official information:

• Colorado Civil Rights Division: https://ccrd.colorado.gov | 303-894-2997