Workplace harassment in Colorado is illegal under both state and federal law.
No one should have to endure harassment at work. Whether it takes the form of unwanted sexual advances, offensive comments about your race or religion, or a pattern of intimidation designed to push you out, Colorado and federal law provide robust protections. Understanding what constitutes illegal harassment, and knowing what steps to take when it happens, can make the difference between suffering in silence and holding your employer accountable.
What Constitutes Illegal Workplace Harassment in Colorado
Harassment becomes illegal when unwelcome conduct based on a protected characteristic is severe or pervasive enough to alter the conditions of your employment. A single incident can be enough if it is sufficiently severe, such as a physical assault or an egregious slur by a supervisor. More commonly, cases involve a pattern of conduct that, taken together, creates what the law calls a hostile work environment.
Protected characteristics under Colorado law include race, color, national origin, ancestry, sex (which explicitly encompasses sexual orientation, gender identity, and gender expression under HB21-1108), religion, age, disability, creed, and marital status. Federal law under Title VII provides overlapping protections. After the Supreme Court’s decision in Bostock v. Clayton County, Title VII’s prohibition on sex discrimination also covers sexual orientation and gender identity.
Sexual Harassment
Sexual harassment takes two legal forms. Quid pro quo harassment occurs when a supervisor or someone with authority conditions a job benefit, such as a promotion, raise, or continued employment, on submission to sexual conduct. Hostile work environment harassment involves unwelcome sexual conduct that is severe or pervasive enough to create an abusive working atmosphere. This can include inappropriate jokes, comments about your body or appearance, unwanted touching, sexually explicit messages, or the display of offensive materials.
An important point: harassment does not have to be sexual in nature to constitute sex-based harassment. Harassing someone because they do not conform to gender stereotypes, or targeting someone because of their pregnancy, is also illegal.
Your Employer’s Obligations
Employers have a legal duty to prevent and correct harassment. When an employer knows or should know about harassment and fails to take prompt, effective remedial action, the employer becomes liable. For harassment by a supervisor that results in a tangible employment action, such as termination, demotion, or reassignment, the employer is automatically liable. For harassment by coworkers, the employer is liable if it was negligent in failing to prevent or stop the conduct.
How to Document Harassment
If you are experiencing harassment, documentation is your most powerful tool. Keep a written log of each incident, including the date, time, location, what was said or done, and who was present. Save any written communications such as emails, texts, or messages on workplace platforms. If company policy provides a complaint procedure, follow it and keep a copy of your complaint. Send follow-up emails summarizing verbal conversations so there is a written record. If there are witnesses, note their names.
For Former Employees
If you have already left a job where you were harassed, your claims do not disappear. Conduct that occurred during your employment can support legal claims filed after separation. However, time limits apply. Under Colorado law, you typically must file a charge with the Colorado Civil Rights Division within 300 days of the last discriminatory act. Under federal law, an EEOC charge must be filed within 300 days in states like Colorado that have their own anti-discrimination agency. Do not wait. Consult an attorney promptly to understand your deadlines.
Experiencing workplace harassment? Call us at 303.593.2595 or contact us online for a confidential consultation.