Employee Discipline: Colorado

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick, Mary L. Will and Tareen Zafrullah, Faegre Drinker Biddle & Reath LLP

Summary

• Colorado employers should be aware of the Colorado Anti-Discrimination Act when disciplining employees because it has broader coverage than federal antidiscrimination statutes and contains additional protected categories. See Discipline of Employees in Protected Classes.
• Colorado employers disciplining employees should be aware of certain Colorado laws which relate to protected activities, such as jury duty, legislative and judicial process participation, union and political affiliation and political activity. See Discipline of Employees Who Have Engaged in Protected Activities.
• Discipline considerations include potential state law claims of defamation, false imprisonment, intentional infliction of emotional distress, and intentional interference with contract or economic advantage. See Discipline Considerations.
• Colorado employers should also be aware of certain state laws that may be implicated in specific discipline situations, such as discipline related to attendance, theft, trade secret misappropriation, lawful off-duty activities, marijuana, smoking, e-cigarettes and weapons in the workplace. See Specific Discipline Situations.
• Boulder and Denver have requirements pertaining to employee discipline. See Local Requirements.