Colorado Employment Law Blog

Off-Duty Conduct Statute Protects Whistleblowing Too

By Jim Goh

            The Colorado Anti-Discrimination Act (CADA) prohibits employers from, among other things, firing employees for engaging in lawful, off-duty, off-premises activities. While this provision of CADA was originally passed to prevent employers from firing smokers, employees have used the provision to challenge their discharge for a variety of other lawful, off-duty activities, such as engaging in unpopular political activities or in homosexual relationships.  While originally believed to protect employees from discharge only for off-duty conduct unrelated to their jobs, the Colorado Court of Appeals recently expanded the scope of protections and held that the provision also protects employees from discharge due to job-related whistleblowing.

Workplace Trends in Reno*

Thursday, October 30, 2008
8:00 a.m. - 4:00 p.m.

Grand Sierra Resort
2500 E. Second Street
Reno, NV 89595
Click here for directions.

*CLE & HRCI Credits pending

This complimentary one-day conference will address current trends in the workplace, including new ADA legislature and workers' compensation regulation, internal investigations, and workplace violence prevention. Click on a speaker name to access their online biography.

Workplace Trends in Las Vegas

Wednesday, October 29, 2008
8:00 a.m. - 4:00 p.m.

Flamingo Las Vegas Hotel & Casino
3555 Las Vegas Blvd South
Las Vegas, NV 89109

*CLE & HRCI Credits pending

This complimentary one-day conference will address current trends in the workplace, including new ADA legislature and workers' compensation regulation, internal investigations, and workplace violence prevention. Click on a speaker name to access their online biography.

Giving Employees Time Off to Vote

by Jude Biggs
of Holland & Hart LLP

With the election just around the corner, this is a good time to review what Colorado says about employees taking time off to vote. Here it is in a nutshell:

• Employees may take up to two hours off to vote; however, employees need not be given time off if they have three or more non-working hours when the polls are open to vote.

Federal Disability Discrimination Law Dramatically Expanded

by Vivian Barrios
of Holland & Hart LLP

On September 25, 2008, President Bush signed into law the American with Disabilities Act Amendments Act of 2008 ("ADAAA"). The legislation overturns a number of U.S. Supreme Court cases that have narrowly interpreted the American with Disabilities Act ("ADA") and sends a message to the courts and the federal agencies charged with enforcing the ADA that the 1990 disability discrimination statute should be interpreted broadly. The ADAAA will be effective January 1, 2009. In anticipation of the new law, employers need to review their ADA compliance practices to meet the new law’s more exacting requirements of who is entitled to protection and reasonable accommodation on account of disability.