Workplace Sexual Harassment As Defined by Colorado Law

One of the most common forms of workplace harassment in Colorado is sexual harassment. Like all forms of harassment, it is strictly prohibited under Colorado’s Anti-Discrimination Act (CADA) and Title VII of the Civil Rights Act of 1964. Sexual harassment is defined as unwanted sexual advances, requests for sexual favors, or other verbal, physical, or visual conduct of a sexual nature that interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.
While sexual harassment is often reported by female victims, male victims also experience harassment but may hesitate to report it due to fear of embarrassment, stigma, or disbelief. Regardless of gender, sexual harassment is illegal, and victims have the right to seek justice.

Who Can Be Held Liable for Sexual Harassment?

Sexual harassment in the workplace can be committed by:

• Employers
• Managers or supervisors
• Co-workers
• Clients, customers, or vendors

Employers in Colorado have a legal responsibility to prevent and address sexual harassment. If they fail to take appropriate action, they may be held legally liable for the harassment.

Types of Sexual Harassment Under Colorado Law

Sexual harassment can take many forms. Below is a non-exhaustive list of behaviors that may constitute sexual harassment under Colorado law:

1. Verbal Conduct

This form of sexual harassment includes:

• Unwanted sexual advances or propositions, such as offering a promotion, raise, or job benefits in exchange for sexual favors (“quid pro quo” harassment).
• Sexual comments, jokes, or slurs that create a hostile work environment.
• Graphic or explicit verbal remarks about an employee’s body, appearance, or sex life.

2. Physical Conduct

Physical sexual harassment includes:

• Unwanted touching, patting, hugging, or stroking.
• Blocking or cornering an employee in a way that makes them feel trapped or uncomfortable.
• Unwelcome physical contact, such as brushing against someone inappropriately.

3. Visual Conduct

This type of harassment involves:

• Displaying sexually suggestive images, posters, screensavers, or drawings in the workplace.
• Sending explicit emails, texts, or notes with sexual content.
• Showing pornographic material in a work setting.

4. Non-Verbal Conduct

Non-verbal sexual harassment includes:

• Sexually suggestive staring, leering, or facial expressions.
• Making obscene gestures toward an employee.
• Following or stalking an employee at work.

What Constitutes a Hostile Work Environment?

Under Colorado law, a hostile work environment occurs when unwelcome sexual conduct is so severe or pervasive that it:

• Interferes with an employee’s ability to perform their job.
• Creates an intimidating, offensive, or abusive work environment.

A single, isolated incident may not always qualify as a hostile work environment, but repeated or severe behavior can form the basis of a legal claim.

Retaliation Is Illegal

If an employee reports sexual harassment to their employer, the employer cannot retaliate against them. Retaliation includes:

• Demotion or reduction in pay or benefits.
• Wrongful termination.
• Harassment or further mistreatment after a complaint is filed.

Retaliation is illegal under Colorado law, and victims can pursue legal action if they experience it.

Constructive Discharge: When Harassment Forces an Employee to Quit

In some cases, sexual harassment becomes so severe and unbearable that an employee feels they have no choice but to resign. This is known as “constructive discharge”, and it is considered a form of wrongful termination under Colorado law.
For a constructive discharge claim to be valid, the employee must prove that:

• The employer knowingly allowed or created an intolerable work environment.
• The conditions were so severe that a reasonable person would feel compelled to quit.
• The harassment violated public policy (e.g., discrimination or retaliation).

What Should You Do If You Experience Sexual Harassment?

If you believe you are a victim of workplace sexual harassment in Colorado, take the following steps:

1. Document the Harassment: Keep records of dates, times, locations, witnesses, and details of each incident.
2. Report the Harassment: Follow your employer’s internal complaint procedures (e.g., reporting to HR or a supervisor).
3. File a Complaint: If your employer fails to act, you can file a complaint with the Colorado Civil Rights Division (CCRD) or the Equal Employment Opportunity Commission (EEOC).
4. Consult an Attorney: A Denver employment lawyer can help you understand your rights, gather evidence, and pursue legal action if necessary.

Legal Remedies for Victims of Sexual Harassment

Victims of workplace sexual harassment in Colorado may be entitled to:

• Compensation for lost wages and benefits.
• Reinstatement to their job (if wrongfully terminated).
• Damages for emotional distress, pain, and suffering.
• Punitive damages (in cases of extreme misconduct by the employer).

Final Thoughts

Sexual harassment in the workplace is illegal under Colorado law, and victims have the right to seek justice and compensation. If you or someone you know has experienced sexual harassment at work, document the incidents, report the behavior, and consult an experienced employment attorney to explore your legal options.