C-Level Law

Same Employment Discrimination Standards Apply to Plaintiffs who are Members of a Majority Group

In 2025, the Colorado legislature again demonstrated its keen interest in workplace legislation.

On May 16, Colorado Governor Jared Polis vetoed amendments to the Labor Peace Act, which would have made it easier for unions to require employees who are not union members to pay union dues.

Colorado employment law has changed recently in ways that many would find surprising.

In the 2026 election, Colorado voters will be presented with a ballot initiative that would eliminate at-will employment in Colorado.

On January 21, 2025, President Donald Trump issued Executive Order 2025-02097, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”

 Every new year brings changes, and in the world of employment law, that means we need to see what the Depart of Labor is up to. 

The Colorado Job Application Fairness Act (C.R.S. § 8-2-131), which went into effect July 1, 2024, prohibits age-related inquiries on initial job applications, including age, date of birth, dates of attendance or dates of graduation from educational institutions.

A recent Colorado Supreme Court case HAS clarified when holiday pay should be included in the calculation of overtime pay.

Most employers are well aware that discrimination based on race, religion, gender, disability, age, and other “protected classes” is illegal and that employers can be liable for significant damages, including punitive damages and attorneys’ fees. However, can an employee sue their employer and supervisors personally for discrimination?

As discussed in a previous blog post, the Protecting Opportunities and Workers’ Rights Act (“POWR”) went into effect in August of 2023. The law contains several distinct provisions, including significantly changed the standards for harassment under Colorado law and limitation on non-disclosure agreements which limit an employee’s ability to disclose unfair employment practices.

Remote work has become commonplace, especially since the COVID pandemic. If the employee is working in another state permanently, the employment will be subject to the laws of the employee’s residence.