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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0350.01 Richard Sweetman x4333 HOUSE BILL 26-1319
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
CONCERNING THE RIGHT OF AN EMPLOYEE TO BE OPEN ABOUT THEIR101
LGBTQ+ IDENTITY IN THE WORKPLACE WITHOUT ADVERSE102
ACTION FROM THEIR EMPLOYER , AND , IN CONNECTION103
THEREWITH, PROTECTING AN EMPLOYEE 'S EXPRESSION OF104
THEIR SEXUAL ORIENTATION, GENDER IDENTITY, OR STATUS AS105
A TRANSGENDER, NONBINARY, OR TRANSITIONING INDIVIDUAL.106
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill prohibits an employer from:
HOUSE SPONSORSHIP
Camacho and Joseph,
SENATE SPONSORSHIP
Gonzales J.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
! Subjecting an employee to an adverse employment action
in response to the employee's disclosure of, or
communication about, the employee's sexual orientation,
gender identity, or gender expression or to the employee's
status as a transgender, nonbinary, or transitioning
individual; or
! Retaliating against an employee who supports, assists, or
advocates for a coworker, student, or client in exercising
their right to nondiscrimination, including by referring to
an individual by their chosen names, pronouns, or personal
titles.
The bill allows an employee to determine the names, pronouns,
and personal titles that are used to refer to the employee in the workplace,
and the bill requires an employer, upon notification by an employee, to
update all internal and public-facing records to reflect the employee's
chosen name. If an employee chooses a name other than the employee's
legal name, an employer must use the employee's legal name only where
such use is required by law.
The bill prohibits an employer from having a workplace dress code
that imposes different requirements on the basis of an individual's sexual
orientation, gender identity, or gender expression. An employer must
allow each employee access to a restroom and changing facility that
corresponds with the employee's gender identity.
An employer operating a public building must ensure that the
building includes at least one restroom that is compliant with the federal
"Americans with Disabilities Act of 1990" and accessible to all
individuals, regardless of the individual's sexual orientation, gender
identity, or gender expression. An employer must provide private,
nonbathroom spaces for nursing or pumping, which spaces are available
to all parents regardless of their sexual orientation, gender identity, or
gender expression.
An employer must ensure equal access to certain employment
benefits without regard to an employee's sexual orientation, gender
identity, or gender expression.
The bill requires ever y public em ployer to provide a voluntary,
employee-initiated process for the development and implementation of a
written transition plan for a transgender or transitioning employee. Upon
request by an employee, a public employer shall promptly engage in good
faith discussions with the employee, and, if applicable, the employee's
designated union representative, to develop a transition plan. A transition
plan may include consideration of:
! Internal and external communications regarding the
employee's transition;
! Scheduling and approval of any absences related to the
transition process;
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! Procedures for updating and using the employee's chosen
names, pronouns, and personal titles in employment
contexts; and
! Training or educational opportunities for coworkers,
students, or other stakeholders to promote understanding of
the experiences in the workplace of transgender individuals
and individuals who are transitioning.
An employee of a private employer may request to collaborate
with their employer to develop and implement a transition plan.
The bill requires an employer to permit an employee to use the
employee's available sick or personal leave time for the purpose of
changing the employee's legal name or obtaining gender-affirming
medical care, including recovery time.
The bill requires a public employer to provide annual training to
all employees regarding inclusive workplaces and support for LGBTQ+
employees. The department of labor and employment (department), in
consultation with labor unions and LGBTQ+ advocacy organizations,
must develop and make available training materials for this purpose.
The department may receive and investigate complaints alleging
violations, issue findings and orders to provide relief, and refer cases
involving egregious or willful violations to the Colorado civil rights
division or to the attorney general. The types of relief that the department
may order include a fine in an amount not to exceed $5,000 for each
violation.
The department is required to adopt rules to implement and
enforce the bill.
The bill takes effect June 1, 2028.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 3 to article2
13.5 of title 8 as follows:3
PART 34
RIGHT TO BE OUT AT WORK5
8-13.5-301. Short title.6
THE SHORT TITLE OF THIS PART 3 IS THE "RIGHT TO BE OUT AT7
WORK ACT".8
8-13.5-302. Legislative declaration.9
(1) THE GENERAL ASSEMBLY FINDS THAT:10
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(a) COLORADO LAW, SPECIFICALLY SECTION 24-34-402, PROHIBITS1
DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICES AGAINST2
INDIVIDUALS ON THE BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY,3
OR GENDER EXPRESSION; AND4
(b) E VERY EMPLOYEE IN COLORADO HAS A RIGHT TO BE OPEN5
ABOUT THEIR SEXUAL ORIENTATION , GENDER IDENTITY , AND GENDER6
EXPRESSION WITHOUT FEAR OF DISCRIMINATION OR RETALIATION.7
(2) THE GENERAL ASSEMBLY ALSO FINDS THAT, DESPITE EXISTING8
LAWS PROTECTING LGBTQ+ EMPLOYEES, MANY SUCH EMPLOYEES:9
(a) C ONTINUE TO EXPERIENCE DISPROPORTIONATE WORKPLACE10
HARASSMENT, UNEQUAL BENEFITS , AND ADMINISTRATIVE BARRIERS TO11
SELF-IDENTIFICATION;12
(b) REMAIN UNAWARE OF THEIR RIGHTS;13
(c) FACE RETALIATION FOR EXERCISING THEIR RIGHTS; AND14
(d) ARE DENIED ADEQUATE TOOLS TO REMEDY DISCRIMINATORY15
PRACTICES.16
(3) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT:17
(a) AFFIRMATIVELY ESTABLISHING A RIGHT TO BE OUT AT WORK18
IN COLORADO WILL CLARIFY EXISTING PROTECTIONS, CREATE ACCESSIBLE19
REMEDIES, AND PROMOTE EQUITABLE AND INCLUSIVE WORKPLACES IN THE20
PUBLIC AND PRIVATE SECTORS; AND21
(b) WITH THIS PART 3, THE GENERAL ASSEMBLY INTENDS TO:22
(I) CODIFY THE RIGHT OF EVERY EMPLOYEE IN COLORADO TO BE23
OPEN ABOUT THEIR SEXUAL ORIENTATION, GENDER IDENTITY, OR GENDER24
EXPRESSION WITHOUT FEAR OF DISCRIMINATION OR RETALIATION;25
(II) R EQUIRE EMPLOYERS TO RECOGNIZE EMPLOYEES '26
SELF-IDENTIFIED NAMES, PRONOUNS, AND PERSONAL TITLES;27
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(III) ENSURE ACCESS TO INCLUSIVE FACILITIES AND EMPLOYMENT1
BENEFITS; AND2
(IV) S TRENGTHEN ENFORCEMENT AND ACCOUNTABILITY BY3
AUTHORIZING THE DEPARTMENT TO RECEIVE , INVESTIGATE , AND4
ADJUDICATE COMPLAINTS ARISING UNDER THIS PART 3.5
8-13.5-303. Definitions.6
AS USED IN THIS PART 3, UNLESS THE CONTEXT OTHERWISE7
REQUIRES:8
(1) "A DVERSE EMPLOYMENT ACTION " MEANS DISCHARGE ,9
DEMOTION, CONTRACT NONRENEWAL, DISCIPLINE, DENIAL OF PROMOTION,10
HARASSMENT , OR DISCRIMINATORY TREATMENT RELATED TO11
EMPLOYMENT CONDITIONS OR BENEFITS.12
(2) "D EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND13
EMPLOYMENT.14
(3) "E MPLOYEE" MEANS AN INDIVIDUAL EMPLOYED BY AN15
EMPLOYER IN THE STATE.16
(4) "E MPLOYER" MEANS AN INDIVIDUAL , A PARTNERSHIP , AN17
ASSOCIATION, A CORPORATION, OR A PUBLIC ENTITY EMPLOYING ONE OR18
MORE INDIVIDUALS WITHIN THE STATE.19
(5) "G ENDER EXPRESSION " HAS THE MEANING SET FORTH IN20
SECTION 24-34-301 (9).21
(6) "GENDER IDENTITY" HAS THE MEANING SET FORTH IN SECTION22
24-34-301 (10).23
(7) "LGBTQ+" MEANS LESBIAN, GAY, BISEXUAL, TRANSGENDER24
OR TRANSITIONING, OR QUEER OR A GENDER IDENTITY THAT IS DIFFERENT25
FROM CISGENDER AND HETEROSEXUAL NORMS.26
(8) "PUBLIC EMPLOYER" HAS THE MEANING SET FORTH IN SECTION27
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29-33-103 (6).1
(9) "S EXUAL ORIENTATION " HAS THE MEANING SET FORTH IN2
SECTION 24-34-301 (24).3
(10) "TRANSITION" OR "TRANSITIONING" MEANS AN INDIVIDUAL'S4
ADOPTION OF OUTWARD OR PHYSICAL CHARACTERISTICS THAT MATCH5
THEIR GENDER IDENTITY RATHER THAN THE CHARACTERISTICS THAT ARE6
ASSOCIATED WITH AN INDIVIDUAL'S SEX AS REGISTERED AT BIRTH.7
(11) "T RANSITION PLAN" MEANS A WRITTEN TRANSITION PLAN8
DESCRIBED IN SECTION 8-13.5-309.9
8-13.5-304. Right to be out at work - retaliation prohibited.10
(1) A N EMPLOYER SHALL NOT SUBJECT AN EMPLOYEE TO AN11
ADVERSE EMPLOYMENT ACTION IN RESPONSE TO THE EMPLOYEE 'S12
DISCLOSURE OF, OR COMMUNICATION ABOUT , THE EMPLOYEE 'S SEXUAL13
ORIENTATION, GENDER IDENTITY , OR GENDER EXPRESSION OR TO THE14
EMPLOYEE'S STATUS AS A TRANSGENDER, NONBINARY, OR TRANSITIONING15
INDIVIDUAL.16
(2) AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE17
FOR THE EMPLOYEE'S SUPPORT OF, ASSISTANCE TO, OR ADVOCACY FOR A18
COWORKER, STUDENT, OR CLIENT WHO EXERCISES THE INDIVIDUAL'S RIGHT19
TO NONDISCRIMINATION, INCLUDING BY REFERRING TO AN INDIVIDUAL BY20
THEIR CHOSEN NAMES, PRONOUNS, OR PERSONAL TITLES.21
8-13.5-305. Right to self-identify.22
(1) AN EMPLOYEE MAY DETERMINE THE NAMES, PRONOUNS, AND23
PERSONAL TITLES THAT ARE USED TO REFER TO THE EMPLOYEE IN THE24
WORKPLACE.25
(2) UPON NOTIFICATION BY AN EMPLOYEE, AN EMPLOYER SHALL26
UPDATE ALL INTERNAL AND PUBLIC -FACING RECORDS , INCLUDING27
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NAMEPLATES, DIRECTORIES , AND DIGITAL SYSTEMS , TO REFLECT THE1
EMPLOYEE'S CHOSEN NAMES, PRONOUNS, AND PERSONAL TITLES WITHOUT2
UNNECESSARY DELAY.3
(3) I F AN EMPLOYEE CHOOSES A NAME OTHER THAN THE4
EMPLOYEE'S LEGAL NAME FOR THE PURPOSES OF SUBSECTION (1) OF THIS5
SECTION, THE EMPLOYER SHALL USE THE EMPLOYEE'S LEGAL NAME ONLY6
WHERE SUCH USE IS REQUIRED BY LAW.7
8-13.5-306. Gender-inclusive dress code.8
AN EMPLOYER 'S WORKPLACE DRESS CODE MAY NOT IMPOSE9
DIFFERENT REQUIREMENTS ON THE BASIS OF AN INDIVIDUAL 'S SEXUAL10
ORIENTATION, GENDER IDENTITY, OR GENDER EXPRESSION.11
8-13.5-307. Access to inclusive facilities.12
(1) AN EMPLOYER SHALL ALLOW EACH EMPLOYEE ACCESS TO A13
RESTROOM AND C HANGING FACILITY THAT CORRESP ONDS WITH THE14
EMPLOYEE'S GENDER IDENTITY.15
(2) A N EMPLOYER THAT OPERATES A PUBLIC BUILDING SHALL16
ENSURE THAT THE BUILDING INCLUDES AT LEAST ONE RESTROOM THAT IS:17
(a) C OMPLIANT WITH THE FEDERAL "AMERICANS WITH18
DISABILITIES ACT OF 1990", 42 U.S.C. SEC . 12101 ET SEQ ., AND ITS19
RELATED AMENDMENTS AND IMPLEMENTING REGULATIONS; AND20
(b) A CCESSIBLE TO ALL INDIVIDUALS , REGARDLESS OF THE21
INDIVIDUAL'S SEXUAL ORIENTATION , GENDER IDENTITY , OR GENDER22
EXPRESSION.23
(3) AN EMPLOYER SHALL PROVIDE ADEQUATE PRIVATE SPACES FOR24
NURSING OR PUMPING , WHICH SPACES ARE NOT RESTROOMS AND ARE25
AVAILABLE TO ALL PARENTS REGARDLESS OF THEIR SEXUAL ORIENTATION,26
GENDER IDENTITY, OR GENDER EXPRESSION.27
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8-13.5-308. Inclusive employment benefits - model policy1
language - audits.2
(1) AN EMPLOYER SHALL ENSURE EQUAL ACCESS TO EMPLOYMENT3
BENEFITS WITHOUT REGARD TO AN EMPLOYEE 'S SEXUAL ORIENTATION ,4
GENDER IDENTITY, OR GENDER EXPRESSION.5
(2) T HE DEPARTMENT SHALL ADOPT MODEL POLICY LANGUAGE6
AND CONDUCT REGULAR AUDITS TO ENSURE COMPLIANCE WITH THIS7
SECTION.8
8-13.5-309. Transition plans for public employees - policies9
required - voluntary participation by employees.10
(1) Transition plan policy required. EVERY PUBLIC EMPLOYER11
SHALL PROVIDE AN EMPLOYEE-INITIATED PROCESS FOR THE DEVELOPMENT12
AND IMPLEMENTATION OF A WRITTEN TRANSITION PLAN FOR13
TRANSGENDER OR TRANSITIONING EMPLOYEES.14
(2) Voluntary participation.15
(a) P ARTICIPATION IN A TRANSITION PLAN BY AN EMPLOYEE IS16
VOLUNTARY.17
(b) A TRANSITION PLAN MAY BE INITIATED ONLY AT THE REQUEST18
OF AN EMPLOYEE.19
(c) AN EMPLOYER SHALL NOT IMPOSE ANY PENALTY OR TAKE ANY20
ADVERSE EMPLOYMENT ACTION AGAINST AN EMPLOYEE FOR21
DISCONTINUING A TRANSITION PLAN AT ANY TIME, FOR ANY REASON.22
(3) Good faith collaboration. UPON REQUEST BY AN EMPLOYEE,23
A PUBLIC EMPLOYER SHALL PROMPTLY ENGAGE IN GOOD FAITH24
DISCUSSIONS WITH THE EMPLOYEE, AND, IF APPLICABLE, THE EMPLOYEE'S25
DESIGNATED UNION REPRESENTATIVE, TO DEVELOP A TRANSITION PLAN.26
A PUBLIC EMPLOYER SHALL ENSURE THAT SUCH DISCUSSIONS ARE27
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COLLABORATIVE, CONFIDENTIAL , AND CONDUCTED IN A MANNER THAT1
AFFIRMS THE DIGNITY AND PRIVACY OF THE EMPLOYEE.2
(4) Employee-centered scope.3
(a) A TRANSITION PLAN MUST ADDRESS ONLY THOSE ASPECTS OF4
TRANSITIONING THAT THE EMPLOYEE CHOOSES TO RAISE.5
(b) AN EMPLOYER SHALL NOT REQUIRE AN EMPLOYEE TO DISCUSS6
OR DISCLOSE ANY MATTER THAT THE EMPLOYEE DOES NOT WISH TO7
ADDRESS.8
(c) AN EMPLOYER SHALL NOT REQUIRE AN EMPLOYEE TO CREATE9
OR MAINTAIN A TRANSITION PLAN AS A CONDITION OF EMPLOYMENT.10
(5) Plan contents. AS MUTUALLY AGREED UPON BY AN EMPLOYEE11
AND AN EMPLOYER, A TRANSITION PLAN MAY INCLUDE CONSIDERATION OF:12
(a) INTERNAL AND EXTERNAL COMMUNICATIONS REGARDING THE13
EMPLOYEE'S TRANSITION;14
(b) SCHEDULING AND APPROVAL OF ANY ABSENCES RELATED TO15
THE EMPLOYEE'S TRANSITION;16
(c) P ROCEDURES FOR UPDATING AND USING THE EMPLOYEE 'S17
CHOSEN NAME, PRONOUNS, AND PERSONAL TITLES IN ALL EMPLOYMENT18
CONTEXTS; AND19
(d) TRAINING OR EDUCATIONAL OPPORTUNITIES FOR COWORKERS,20
STUDENTS, OR OTHER STAKEHOLDERS TO PROMOTE UNDERSTANDING OF21
THE EXPERIENCES IN THE WORKPLACE OF TRANSGENDER INDIVIDUALS AND22
INDIVIDUALS WHO ARE TRANSITIONING.23
(6) Confidentiality. A LL RECORDS AND COMMUNICATIONS24
RELATED TO A TRANSITION PLAN ARE CONFIDENTIAL, AND AN EMPLOYER25
SHALL MAINTAIN THE RECORDS AND COMMUNICATIONS SEPARATELY FROM26
STANDARD PERSONNEL FILES UNLESS DISCLOSURE IS REQUIRED BY LAW OR27
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AUTHORIZED IN WRITING BY THE EMPLOYEE.1
8-13.5-310. Transition plans - private employers.2
AN EMPLOYEE OF A PRIVATE EMPLOYER MAY REQUEST TO3
COLLABORATE WITH THE EMPLOYER TO DEVELOP AND IMPLEMENT A4
TRANSITION PLAN, AS DESCRIBED IN SECTION 8-13.5-309.5
8-13.5-311. Use of leave time.6
AN EMPLOYER SHALL PERMIT AN EMPLOYEE TO USE THE7
EMPLOYEE'S AVAILABLE SICK OR PERSONAL LEAVE TIME FOR THE PURPOSE8
OF CHANGING THE EMPLOYEE 'S LEGAL NAME OR OBTAINING9
GENDER-AFFIRMING MEDICAL CARE, INCLUDING RECOVERY TIME.10
8-13.5-312. Professional development and training.11
(1) A PUBLIC EMPLOYER SHALL PROVIDE ANNUAL TRAINING TO ALL12
EMPLOYEES REGARDING INCLUSIVE WORKPLACES AND SUPPORT FOR13
LGBTQ+ EMPLOYEES.14
(2) THE DEPARTMENT, IN CONSULTATION WITH LABOR UNIONS AND15
LGBTQ+ ADVOCACY OR GANIZATIONS, SHALL DEVELOP AND MAKE16
AVAILABLE TRAINING MATERIALS FOR THE PURPOSES OF THIS SECTION TO17
ENSURE CONSISTENCY AND ACCESSIBILITY STATEWIDE.18
8-13.5-313. Enforcement and remedies.19
(1) THE DEPARTMENT MAY:20
(a) RECEIVE AND INVESTIGATE COMPLAINTS ALLEGING VIOLATIONS21
OF THIS PART 3;22
(b) ISSUE FINDINGS AND ORDERS TO PROVIDE RELIEF; AND23
(c) REFER CASES INVOLVING EGREGIOUS OR WILLFUL VIOLATIONS24
TO THE COLORADO CIVIL RIGHTS DIVISION OR TO THE ATTORNEY GENERAL.25
(2) T HE TYPES OF RELIEF THAT THE DEPARTMENT MAY ORDER26
PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION INCLUDE:27
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(a) A CEASE-AND-DESIST ORDER;1
(b) BACK PAY;2
(c) FRONT PAY;3
(d) HIRING OF AN EMPLOYEE, WITH BACK PAY;4
(e) REINSTATEMENT OF AN EMPLOYEE, WITH BACK PAY;5
(f) EXPUNGEMENT OF ANY DISCIPLINARY ACTIONS RELATED TO THE6
VIOLATION;7
(g) UPGRADING OR PROMOTING OF AN EMPLOYEE; AND8
(h) A FINE IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND9
DOLLARS FOR EACH VIOLATION . THE DEPARTMENT SHALL TRANSFER10
MONEY COLLECTED AS FINES PURSUANT TO THIS SUBSECTION (2)(h) TO11
THE COMPLAINANT.12
8-13.5-314. Applicability.13
(1) T HIS PART 3 SHALL NOT BE CONSTRUED TO ABROGATE OR14
DIMINISH:15
(a) T HE RIGHTS , PRIVILEGES , OR REMEDIES OF AN EMPLOYEE16
UNDER A COLLECTIVE BARGAINING AGREEMENT OR AN EMPLOYMENT17
CONTRACT; OR18
(b) AN EMPLOYER'S OBLIGATION TO COMPLY WITH A COLLECTIVE19
BARGAINING AGREEMENT OR AN EMPLOYER POLICY, AS APPLICABLE, THAT20
PROVIDES GREATER PROTECTIONS , SAFEGUARDS , OR REMEDIES FOR21
LGBTQ+ EMPLOYEES THAN THE PROTECTIONS , SAFEGUARDS , OR22
REMEDIES DESCRIBED IN THIS PART 3.23
8-13.5-315. Rules.24
THE DEPARTMENT SHALL ADOPT RULES TO IMPLEMENT AND25
ENFORCE THIS PART 3, INCLUDING RULES ESTABLISHING PROCEDURES FOR26
FILING, INVESTIGATING , AND RESOLVING COMPLAINTS THAT THE27
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DEPARTMENT RECEIVES CONCERNING THIS PART 3. IN ADOPTING RULES AS1
DESCRIBED IN THIS SECTION , THE DEPARTMENT SHALL CONSULT WITH2
LGBTQ+ SUPPORT GROUPS AND LABOR UNIONS.3
SECTION 2. Act subject to petition - effective date. This act4
takes effect June 1, 2028; except that, if a referendum petition is filed5
pursuant to section 1 (3) of article V of the state constitution against this6
act or an item, section, or part of this act within the ninety-day period7
after final adjournment of the general assembly, then the act, item,8
section, or part will not take effect unless approved by the people at the9
general election to be held in November 2026 and, in such case, will take10
effect June 1, 2028.11
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