New Gender-Related Categories Added to the Colorado Anti-Discrimination Act

September 3, 2021

The Colorado Anti-Discrimination Act (“CADA”) was recently amended by expanding the categories of persons protected by the law and by adding or revising some definitions. CADA has long prohibited employment discrimination based on disability, race, creed, color, sexual orientation, religion, age, national origin, and ancestry. CADA now includes “gender identity” and “gender expression” as protected categories.

The statute defines sexual orientation as “an individual’s identity, or another individual’s perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction.”

Gender expression “means an individual’s way of reflecting and expressing the individual’s gender to the outside world, typically demonstrated through appearance, dress, and behavior.”

Gender identity is defined as “an individual’s innate sense of the individual’s own gender, which may or may not correspond with the individual’s sex assigned at birth.”

These amendments become effective September 11, 2021. Employers should review their anti-discrimination policies and update them as appropriate. Workplace dress codes or other policies pertaining to personal appearance should also be reviewed to ensure they will not create problems. As always, managers and supervisors should know the company’s current policies and be properly trained in administering them.