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.

RETALIATION CLAIMS IMPLIED UNDER SECTION 1981

By Thomas E.J. Hazard and Kerri J. Atencio

As you sit here reviewing this article, you do so wearing more than just the hat of producer, marketer, pipeline, distributor, or end-user. First and foremost, you are an employer, and as such, you are required to comply with all of the rules, regulations, and statutes that govern the workplace, including laws prohibiting unlawful discrimination and retaliation against employees.  Because most of you are subject to federal workplace laws, you should all be concerned about the ruling in CBOCS West, Inc. v. Humphries, a case handed down by the U.S. Supreme Court on May 27, 2008.  In Humphries, the U.S. Supreme Court ruled in a 7-2 decision that employees may pursue retaliation claims under Section 1981 of the Civil Rights Act of 1866.  In so ruling, the Supreme Court gave employees a potent weapon to use against employers to prosecute claims based on unlawful retaliation against employees who blow the whistle on race-based discrimination.