Colorado
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Lambda Legal Continues Fight on Behalf of Intersex Citizen Denied a U.S. Passport
Colorado law prohibits discrimination based on actual or perceived sexual orientation, defined to include gender identity, in public and private employment. See Colo Rev. Stat. § 24-34-401, et seq.
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.
NO, Colorado does not have a criminal statute that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct; however, all states have general criminal laws—such as reckless endangerment and assault laws—under which it is possible to prosecute an HIV-positive person for nondisclosure of HIV status prior to sexual conduct.
YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Colorado.
NO, Colorado does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.
NO, Colorado does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.
Generally favorable environment. See, e.g., In re Marriage of Dorworth, 33 P.3d 1260 (Colo. App. 2001).
Yes: civil unions (effective May 1, 2013) and designated beneficiary agreements. See Colo. Rev. Stat. tit. 15, art. 22.
Colo. Rev. Stat. Ann. § 22-93-101 (West Supp. 2012),
Colo. Rev. Stat. Ann. § 22-30.5-502 (West Supp. 2012)
Colo. Rev. Stat. Ann. § 22-32-109 (West Supp. 2012),
Colo. Rev. Stat. Ann. § 22-32-109.1 (West Supp. 2012)
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