CREED AND RELIGIOUS DISCRIMINATION RULES (GUIDELINES)
Rule 50.1 - Definition.
Creed and religion are defined as a religious, moral or ethical belief that is sincerely held and includes all aspects of religious observance and practice.
Rule 50.2 - Statement of Purpose.
(A)  The rules in this part have been adopted to contribute to the implementation of non-discriminatory personnel policies with respect to an employee's creed or religion, as required by Part 4 of Article 34 of Title 24, C.R.S.
(B)  The rules in this part are designed to serve as a workable set of standards for employers, unions and employment agencies in determining whether their policies concerning an employee's creed or religion conform with the basic purposes of the elimination of discrimination in employment as defined by the law.
Rule 50.4 – Religious Entity Exclusion.
The Act and these regulations do not prohibit a religious corporation, religious association, religious educational institution, or religious society from giving preference in employment to individuals of its same religion to perform work connected with the carrying on by the corporation, association, educational institution or society of its activities.

SEXUAL ORIENTATION DISCRIMINATION RULES

Rule 81.1 – Statement of Purpose.

(A)  The guidelines in this section have been adopted to contribute to the implementation of nondiscriminatory personnel polices of employers, unions, and employment agencies with respect to the sexual orientation of their employees, members, and job applicants as required by Parts 3 and 4 of Article 34 of Title 24, C.R.S.

(B) The guidelines in this part are designed to serve as a workable set of standards for employers, unions, and employment agencies in determining whether their policies concerning the sexual orientation of their employees, members and job applicants conform to the basic purpose of the elimination of discrimination in employment as defined by the Colorado Employment Practices Act.  Section 24-34-305(1)(a), C.R.S., entitled “Powers and Duties of Commission,” authorizes the commission to “adopt, publish, amend and rescind” regulations consistent with and for the enforcement of the Colorado Anti-Discrimination Act, Parts 3 to 7 of Article 34 of Title 24, C.R.S., hereinafter referred to as “the Act” not to discriminate because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry.

Rule 81.2 – Sexual Orientation.

(A) The term “sexual orientation” as defined in § 24-34-401(7.5), C.R.S. means a person’s orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or an employer’s perception thereof.

(B) The term “transgender status” means an individual’s gender-related identity, whether or not that identity is different from that traditionally associated with that individual’s assigned sex at birth, including, but not limited to, a gender identity that is transgender or androgynous.

Rule 81.3 Separate Lines of Progression and Seniority Systems.

It is an unlawful employment practice to classify any job according to sexual orientation or to maintain separate lines of progression or separate seniority lists based on sexual orientation where this would adversely affect any employee. 

Rule 81.5 - Pre-Employment Inquiries.
Any pre-employment inquiry in connection with prospective employment that expresses directly or indirectly any limitation, specification or discrimination as to sexual orientation shall be unlawful.

Rule 81.7 - Discriminatory Wages.
The employer's wages and wage schedules must not be related to or based on the sexual orientation of the employees. 

Rule 81.10 - Job Opportunities Advertising.
It is a violation of the Colorado Employment Practices Act, as re-enacted, for a help wanted advertisement to indicate a preference, limitation, specification, or discrimination based on sexual orientation unless sexual orientation is a bona fide occupational qualification for the particular job involved. The placement of an advertisement in columns classified by publishers on the basis of sexual orientation will be considered as an expression of preference, limitation, specification, or discrimination based on sexual orientation. 

Rule 81.12 – Dress Code.
If an employer has a reasonable gender-specific dress code, employers should permit employees to comply with the dress code provisions in an appropriate manner that is consistent with their gender identity.  If a dress code is enforced it must be applied consistently to all employees.

WORKPLACE HARASSMENTRULE 85 
(A)  It shall be a discriminatory or unfair employment practice for an employer, employment agency, labor organization or its agents or supervisory, employees, to harass, with or without loss of income or other tangible employment action, a person during the course of employment because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry. Harassment occurs if an intimidating, hostile or offensive working environment is created based upon an individual's disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry. An objectionable environment exists if a reasonable person would find the workplace hostile or abusive and the victim in fact perceived the workplace to be offensive. Harassment is not an illegal act unless a complaint is filed with the appropriate authority at the complainant's workplace and such authority fails to initiate a reasonable investigation of a complaint and take prompt remedial action if appropriate. For the purpose of this rule, “filed” means that a complaint is reported either verbally or in writing to the appropriate authority.