Q. I work in Colorado for a large hotel chain. Recently a co-worker has found out my sexual orientation and has started harassing me. I heard that federal law does not expressly protect workers based on sexual orientation. I don't want this to be an issue at work, and I prefer to keep my private life private. I think my boss knows about this harassment because she has been present when it has happened, but she has done nothing to stop it. Can my boss do that?
A. No. Although federal law does not yet directly protect workers from harassment based on sexual orientation, Colorado law does. Colorado law protects workers from sexual orientation discrimination and harassment and defines "sexual orientation" as a person's orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or an employer's perception thereof. But the law does not consider the harassment to be illegal unless you first file a complaint with the appropriate authority at your workplace and the company fails initiate a reasonable investigation and take prompt remedial action if appropriate. Here's the Colorado law: 24-34-402. Discriminatory or unfair employment practices.
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