Colorado Expands Employment Discrimination Law to Include Household Workers

Jul 11, 2022 | Domestic Workers' Rights, GTM Blog, Labor Laws

Household employees in Colorado will soon be protected by the state’s anti-employment discrimination law. Effective in August, the Colorado Anti-Discrimination Act will make it illegal for household employers to discriminate against a worker for disability, race, sex, sexual orientation, religion, age, and nationality.

Household employees in Colorado will soon be protected by the state’s anti-employment discrimination law.

Effective in August, the Colorado Anti-Discrimination Act will make it illegal for household employers to discriminate against a worker for disability, race, sex, sexual orientation, religion, age, and nationality.

Under the current law, protected employees do not include household workers like nannies, housekeepers, and senior caregivers.

“Having some basic protections for domestic workers is incredibly important,” said Sen. Faith Winter, D-Westminster. “Workers are often in power dynamics where they are more easily harassed, more easily discriminated against, and treated badly. That power dynamic is even more when you are walking into someone’s home.”

The new bill – House Bill 1367 – also protects household employees from pay discrimination based on all protected statuses.

However, when hiring, sex, age, and religion can be considered bona fide occupational qualifications that are already protected by state statute and existing case law. In particular, the bill specifies that it would not be discrimination to consider sex when hiring an employee for childcare-related work.

“The standards that we have right now do not adequately protect our workers. This is going to solve many problems,” said Rep. Matt Gray, D-Broomfield. “This is not a silver bullet for workplace discrimination … but there’re a lot of people whose lives are going to be made better.”

In addition, the bill extends the time to file a claim with the Civil Rights Commission from 180 to 300 days and increases damages that can be recovered in age discrimination cases.

GTM can help

More and more states are extending employment protections to household workers. GTM Payroll Services can provide human resources support to household employers to help them remain compliant with labor laws like domestic worker protection requirements. HR support can be included with your payroll service when you choose EasyPay HR Platinum. Or in addition to payroll and taxes with our Household HR Services. Either way, PHR-certified HR advisors can help you navigate the labor laws that control how you hire, employ, and terminate household employees. To learn more, call (800) 929-9213 for a complimentary, no-obligation consultation with a household employment expert. Or schedule time with us at your convenience.