Queer Legal Update: Job Protection and Civil Rights Act
Addison Herron-Wheeler is OUT FRONT's co-publisher and editor-in-chief and friend…
The Colorado Court of Appeals just ordered both parties debating the constitutional question of LGBTQ job protections in Colorado.
The dispute is over how this act should be interpreted when it comes to queer protections. Local hospital Denver Health is claiming that this waiver only applies to the state and not special districts like water, recreation, and the science and culture division or Denver Health. Lawyers opposing Denver Health claim that these protections do in fact extend to divisions of the state.
The official constitutional question is as follows:
“To the extent that the Colorado Anti-Discrimination Act (CADA) creates a distinction between (a) employees of the state and (b) employees of the state’s political subdivisions, commissions, departments, institutions, and school districts with respect to the availability of compensatory damages, does that classification violate equal protection guarantees under the United States and Colorado Constitutions?”
Folks opposing this exception for state facilities are concerned not so much specifically with Denver Health but with the idea that if CADA in fact does not apply to state agencies, then discrimination against LGBTQ folks could be legally allowed.
Stay tuned for more updates as progress on the case unfolds.
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Addison Herron-Wheeler is OUT FRONT's co-publisher and editor-in-chief and friend to dogs everywhere. She enjoys long walks in the darkness away from any sources of sunlight, rainy days, and painfully dry comedy. She also covers cannabis and heavy metal, and is author of Wicked Woman: Women in Metal from the 1960s to Now and Respirator, a short story collection.