Colorado (CO) Age Discrimination Law in the Workplace

August 17th, 2006 Posted by Ashley

The Colorado employment resource guide refers to federal law in reference to age discrimination, along with reference to discrimination for disability, medical leave, and other topics (Age Discrimination in Employment Act of 1967 - ADEA). This act specifically addresses the problems faced by older workers’ efforts to keep their jobs.

ADEA made it illegal for an employer to discriminate against a qualified employee because of his or her age. Therefore, employees who are 40 years or older are protected from discrimination based on their age and cannot be treated differently from an employee under the age of 40. Keep in mind that employers covered by this statute include those who employ 20 or more employees.

However, the Colorado Wage Act, part of the Colorado Revised Statutes, does state that discrimination is prohibited. Employee protections include freedom from intimidation, threats, coercion, and discharge from work for employees who filed complaints or instituted proceedings relating to discrimination. One significant difference you’ll find is the upper-age limit set by Colorado law, which apparently protects only those between 40 and 70. Federal regulations do not have this upper limit and certain specified employers who have more than two employees are subject to discrimination laws in Colorado.

In 1987, the Colorado Attorney General addressed whether a Colorado county or a district health department could establish and enforce an age retirement policy. I found that federal law trumps Colorado statues. A mandatory retirement policy may be established in Colorado under certain very narrow guidelines. Only if age is a “bona fide occupational qualification” and a “business necessity” for the work required by the employee may age be a determining factor.

In 2003, the U.S. Supreme Court decided to review a Colorado case the involved “reverse discrimination” in which it was alleged that older workers were favored in comparison to younger workers. The nation’s highest court reversed a Court of Appeals decision. Now, federal law (ADEA) does not stop an employer from favoring an older employee over a younger one.

I discovered that, apart from federal law, help with labor laws, particularly those referring to age discrimination is not so easy to find. However, Colorado does have a quick guide version of its wage and labor guidelines. Colorado, like many states, relies heavily on federal law when it comes to age and discrimination in other areas.

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Posted in Colorado, Discrimination, Employment Laws, Hostile Environment

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