Retaliation: 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

• The Colorado Anti-Discrimination Act (CADA) prohibits retaliation against persons who engage in certain protected activities. See Retaliation Under the Colorado Anti-Discrimination Act.
• Retaliation under the CADA can be enforced by either the Colorado Civil Rights Division (CCRD) or by private suit and must be preceded by exhaustion of administrative remedies. See Enforcement and Remedies.
• Colorado law also prohibits employers from terminating an employee based on lawful off-duty activities, which may be a form of retaliation. See Retaliation Under the Colorado Lawful Off-Duty Activities Statute.
• A person allegedly aggrieved under the lawful off-duty activities provision may bring a civil suit to enforce the provision and need not exhaust any administrative remedies. See Retaliation Under the Colorado Lawful Off-Duty Activities Statute > Damages and Remedies.