DEPARTMENT OF REGULATORY AGENCIES
Civil Rights Commission
STATE OF COLORADO CIVIL RIGHTS COMMISSION RULES AND REGULATIONS  
3 CCR 708-1
SEXUAL ORIENTATION DISCRIMINATION RULES
Rule 81.1 — Statement of Purpose
The rules in this section have been adopted to contribute to the elimination of discrimination on the basis of sexual orientation, inclusive of transgender status, in employment, housing, public accommodations, and advertising, as required by Parts 3 to 7 of Article 34, Title 24, Colorado Revised Statutes, as amended, hereinafter referred to as the “Law.” C.R.S. §24-34-305(1)(a), entitled “Powers and Duties of Commission,” authorizes the Commission to “adopt, publish, amend and rescind” regulations consistent with and for the enforcement of the Law.
Rule 81.2 — Sexual Orientation Definitions
(A) The term “sexual orientation,” as defined in the Law, means a person’s orientation toward heterosexuality, homosexuality, bisexuality, transgender status or another person’s perception thereof.
(B) The term “transgender” means having a gender identity or gender expression that differs from societal expectations based on gender assigned at birth.
(C) The term “gender identity” means an innate sense of one’s own gender.
(D) The term “gender expression” means external appearance, characteristics or behaviors typically associated with a specific gender.
(E) The term “covered entity” means any person, business, or institution required to comply with the antidiscrimination provisions of the Law.
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 person.
Rule 81.4 — Medical Leave
If an employer grants leave or time off from work to employees for medical reasons, the employer shall treat requests for leave to address health care needs related to an individual’s sexual orientation in the same manner as requests for other medical conditions.
Rule 81.5 — Pre-Employment & Other Inquiries
Any inquiry in connection with prospective employment, housing, public accommodations, or advertising, that expresses directly or indirectly any limitation, specification or discrimination as to sexual orientation shall be unlawful.
Rule 81.6 — Background Checks
If a covered entity learns through a background check or other means of a person’s sexual orientation, the entity shall not take an adverse action against the individual on the basis of the information.
Rule 81.7 — Discriminatory Wages
Wages and wage schedules shall not be related to or based on the sexual orientation of the employees.
Rule 81.8 — Sexual Orientation Harassment
(A) Unlawful harassment is severe or pervasive conduct that creates an environment that is subjectively and objectively hostile, intimidating, or offensive on the basis of sexual orientation. Prohibited conduct includes, but is not limited to, the following:
 (1) Asking unwelcome personal questions about an individual’s sexual orientation;
(2) Intentionally causing distress to an individual by disclosing to others the individual’s sexual orientation;
(3) Using offensive names or terminology regarding an individual’s sexual orientation; or
(4) Deliberately misusing an individual’s preferred name, form of address, or gender-related pronoun;
(B) An individual alleging harassment based upon sexual orientation must take advantage of any corrective or remedial measures made available by a covered entity, unless pursuing such a complaint would be futile or impractical.  A covered entity shall initiate a reasonable investigation and take prompt and effective remedial action, if appropriate.
Rule 81.9 — Advertising
It is a violation of the Law for an advertisement to indicate a preference, limitation, specification, or discrimination based upon sexual orientation in employment, housing or public accommodations.
Rule 81.10 — Dress & Grooming Standards
Covered entities may prescribe standards of dress or grooming that serve a reasonable business or institutional purpose, provided that they shall not require an individual to dress or groom in a manner inconsistent with the individual’s gender identity.
Rule 81.11 — Facilities
(A) Nothing in the Law prohibits segregation of facilities on the basis of gender. 
(B) All covered entities shall allow individuals the use of gender-segregated facilities that are consistent with their gender identity.