Colorado has enacted legislation that clarifies the state’s prohibition on discrimination based on an individual’s gender expression. The clarification is a result of the enactment of House Bill 25-1312 and is effective immediately.
The details
By way of background, Colorado prohibits all employers from discriminating against applicants and employees based on their gender expression and certain other characteristics.
Before House Bill 25-1312, the definition of gender expression was an individual's way of reflecting and expressing their gender to the outside world, typically demonstrated through appearance, dress, and behavior.
House Bill 25-1312 expands the definition of gender expression to also include “chosen name” and “how the individual chooses to be addressed” as examples of gender expression.
Chosen name is defined as one that an individual requests to be known as in connection to their disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry, so long as the name doesn’t contain offensive language and the individual isn’t requesting the name for frivolous purposes.
Next steps
· Review policies to determine if changes should be made,
· Train supervisors on the amended law.