Colorado Legislators Seek to Expand Protections for LGBTQ+ Employees with Proposed Bill
Brett Whitley, Associate
On March, 4, 2026, Colorado legislators introduced House Bill 26-1319 titled, Right to Be Out at Work (the “Bill”)[1] for the Colorado General Assembly’s consideration. The Bill seeks to expand the Colorado Anti-Discrimination Act’s (“CADA’s”)[2]protections of LGBTQ+ employees by generally prohibiting employers from taking adverse employment actions against employees who disclose their gender identity, sexual orientation, transgender or nonbinary status in the workplace, including by referring to themselves or others by their chosen names, pronouns, or personal titles. Further, the Bill would require certain employers to take affirmative steps to accommodate LGBTQ+ employees, such as implementing training programs to ensure inclusive workplaces for LGBTQ+ employees, adopting a transition plan for transitioning employees, and allowing employees to use sick or personal leave to change their legal name or obtaining gender-affirming care.
How the Bill Expands CADA’s Existing Protections for LGBTQ+ Employees
Under CADA, it is a discriminatory or an unfair labor practice if an employer refuses to hire, discharge, promote, demote, harass, or discriminate in matters of compensation, terms, conditions, or privileges of employment against any individual otherwise qualified because of sexual orientation, gender identity, or gender expression. With these protections, it is arguable that CADA could prohibit some of the conduct the Bill seeks to prohibit, such as the Bill’s prohibition of employers from implementing dress codes on the basis of an employee’s sexual orientation, gender identity, or gender expression and from taking adverse employment action against employees who disclose, or choose their names, pronouns or titles based on, their sexual orientation, gender identity, gender expression, or transgender, nonbinary, or transitioning status. However, the Bill expands CADA’s aforementioned protections by also prohibiting employers from retaliating against an employee’s support of, assistance to, or advocacy for a coworker, student, or client who disclose, or choose their names, pronouns or titles based on, their sexual orientation, gender identity, gender expression, or transgender, nonbinary, or transitioning status.
In fact, the Bill would require employers to use the employee’s chosen name, title, and pronouns in its records, including in its directories, digital systems, and nameplates, except when the law requires the employer to use the employee’s legal name. And if an employee has not already changed their legal name, the Bill would require the employer to allow any employee, regardless of sexual orientation, gender identity, gender expression, or transgender, nonbinary, or transitioning status, to take sick or personal leave in order to change their legal name. The Bill would also require employers to permit employees to use their sick or personal leave to obtain gender-affirming medical care, including recovery time.
The Bill would also require employers to take affirmative steps to accommodate employees that have transitioned or are in the process of transitioning. Specifically, the Bill would require every public employer to develop and implement a “transition plan.” A “transition plan” is a plan that is agreed upon by the employee and the employer that addresses: (a) how the employer would internally and externally communicate about the employee’s transition; (b) the scheduling of any absences related to the employee’s transition; (c) procedures for updating and using the employee’s chosen name, pronouns, and personal titles in all employment contexts; and (d) training opportunities for coworkers, students, or other stakeholders to promote understanding of the experiences in the workplace of employees who are transitioning, or who have already transitioned. In addition to (d), the Bill would also require a public employer to provide annual training to all employees regarding inclusive workplaces and support for LGTBQ+ employees.
If the Bill is enacted, the Colorado Department of Labor and Employment would be charged with investigating complaints alleging violations of the Bill and could order the employer to pay the harmed employee back pay, front pay, reinstatement, or promotion.
Employer Considerations
Due to the protections CADA already provides to LGTBQ+ employees, the Bill, if enacted, would likely not require private employers to completely overhaul their approach to their LGTBQ+ employees. However, if the Bill is enacted, private employers should re-evaluate their workplace practices and policies regarding how their employees are identified. Particularly, private employers should ensure they are: referring to their employees by their chosen names, pronouns, and titles (not just in person, but also in their employment records); allowing employees to use their personal or sick leave to change their legal name and obtain gender-affirming medical care, and not taking adverse employment action against their employees due to them using their chosen names, pronouns, or titles.
In contrast to private employers, public employers, if the Bill is enacted, would likely need to revisit their policies and training regarding LGTBQ+ employees. Specifically, public employers would need to ensure they have policies that implement detailed transition plans for employees who are transitioning, or who have already transitioned. Further, public employers would need to provide yearly training to their employees regarding inclusive workplaces and support for LGTBQ+ employees.
While the Bill is still in its early stages, employers should be on notice that its introduction to the General Assembly demonstrates Colorado legislators’ efforts to expand on the protections provided to LGTBQ+ provided in CADA. Campbell Litigation will continue to monitor the Bill and other potential changes to Colorado workplace discrimination law.
[1] H.B. 26-131, 75th Gen. Assembly; see https://leg.colorado.gov/bill_files/112887/download.
[2] Colo. Rev. Stat. § 24-34-401 et seq.