Sexual Harassment Law in Colorado

What Law Governs Sexual Harassment Claims in Colorado?

Both Colorado and federal law forbid sexual harassment. The Colorado Anti-Discrimination Act (CADA), codified at C.R.S. § 24-34-402, makes sexual harassment illegal under state law. Federally, Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits it as well.

What is Sexual Harassment?

There are two primary types of sexual harassment claims: quid pro quo and hostile work environment harassment.

Quid pro quo harassment occurs when an employee is offered job benefits in exchange for sexual favors or punished for refusing them. A classic example is a supervisor firing an employee for refusing to go on a date. Unfulfilled threats (like threatening to fire someone unless they submit to advances) are not quid pro quo harassment by themselves, but they can contribute to a hostile work environment claim.

Hostile work environment harassment arises when sexual comments, jokes, bullying, or touching make a workplace abusive. Legally, a claimant must show:

1. The harassment was unwelcome,
2. It was based on sex,
3. It was severe or pervasive enough to alter the conditions of employment and create an abusive work environment, and
4. The employer knew or should have known and failed to take appropriate action.

Importantly, it’s not just supervisors who can create this kind of environment. If a company knows that coworkers, customers, or contractors are responsible and does nothing, the company is liable.

Also, if someone continues to touch you in a sexual way after you’ve told them to stop, it’s not just harassment – it may be unlawful sexual contact, a crime in Colorado.

Who Can Make a Sexual Harassment Claim?

Under federal law (Title VII), only employees of businesses with 15 or more employees can file claims. But Colorado law covers employers of all sizes, so employees at smaller companies can still bring claims under state law.

Although this article refers to women as victims – which is statistically common – the law applies equally to everyone. Men can also be victims of sexual harassment, and the legal standards are the same.

What Damages Are Available in a Sexual Harassment Case?

This is where Colorado and federal law differ.

Under CADA, employees can now recover:

• Back pay
• Reinstatement
• Compensatory damages (e.g., emotional distress)
• Punitive damages (to punish egregious conduct)

These expanded remedies have been available since January 1, 2021, following changes passed in the 2019 Colorado legislature. These rights now bring Colorado law more in line with federal protections.

Under federal law, victims can also recover:

• Compensatory damages
• Punitive damages
• Attorney’s fees and costs

But federal law imposes caps on damages:

• $50,000 for employers with 15-100 employees
• $100,000 for 101-200 employees
• $200,000 for 201-500 employees
• $300,000 for 500+ employees

At the moment, we don’t handle sexual harassment or employment law cases. But if you or someone you care about has been seriously injured, a Fort Collins personal injury lawyer at Cannon Law is ready to help you seek justice and fair compensation.