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24-34-301. Definitions.

Statute text

As used in parts 3 to 8 of this article, unless the context otherwise requires:

(1) "Age" means a chronological age of at least forty years.

(1.1) "Agency" or "state agency" means any board, bureau, commission, department, institution, division, section, or officer of the state.

(1.5) "Commission" means the Colorado civil rights commission created in section 24-34-303.

(1.6) "Commissioner" means a member of the Colorado civil rights commission.

(2) "Director" means the director of the Colorado civil rights division, which office is created in section 24-34-302.

(2.5) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(3) "Division" means the Colorado civil rights division, created in section 24-34-302.

(4) (Deleted by amendment, L. 93, p. 1655, 59, effective July 1, 1993.)

(4.1) "Housing" means a building, structure, vacant land, or part thereof offered for sale, lease, rent, or transfer of ownership; except that "housing" does not include any room offered for rent or lease in a single-family dwelling maintained and occupied in part by the owner or lessee of said dwelling as his or her household.

(4.2) "Housing accommodations" means any real property or portion thereof that is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons but does not include any single family residence, the occupants of which rent, lease, or furnish for compensation not more than one room in that residence.

(4.5) "Marital status" means a relationship or a spousal status of an individual, including but not limited to being single, cohabitating, engaged, widowed, married, in a civil union, or legally separated, or a relationship or a spousal status of an individual who has had or is in the process of having a marriage or civil union dissolved or declared invalid.

(5) (a) "Person" means one or more individuals, limited liability companies, partnerships, associations, corporations, legal representatives, trustees, receivers, or the state of Colorado and all of its political subdivisions and agencies.

(b) For the purposes of part 5 of this article, "person" does not include any private club not open to the public, which as an incident to its primary purpose or purposes provides lodgings that it owns or operates for other than a commercial purpose, unless such club has the purpose of promoting discrimination in the matter of housing against any person because of disability, race, creed, color, religion, sex, sexual orientation, marital status, familial status, national origin, or ancestry.

(5.3) "Place of public accommodation" or "public accommodation" has the same meaning as set forth in Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12181 (7), and its related amendments and implementing regulations.

(5.4) "Public entity" has the same meaning as set forth in Title II of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12131, and its related amendments and implementing regulations.

(5.5) "Public transportation service" means a common carrier of passengers or any other means of public conveyance or modes of transportation, including but not limited to airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or taxis.

(5.6) "Qualified individual with a disability" or "individual with a disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12131, and its related amendments and implementing regulations.

(6) "Respondent" means any person, agency, organization, or other entity against whom a charge is filed pursuant to any of the provisions of parts 3 to 8 of this article.

(6.5) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.

(7) "Sexual orientation" means an individual's orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another individual's perception thereof.

(8) "Trainer of a service animal" means a person who individually trains a service animal.

History

Source: L. 79: Entire part R&RE, p. 923, 3, effective July 1. L. 86: (1) R&RE and (1.5) and (1.6) added, p. 930, 1, 2, effective May 8. L. 89: (4) amended, p. 1037, 1, effective July 1. L. 90: (5) amended, p. 447, 13, effective April 18. L. 92: (4)(b)(I) amended, p. 1121, 1, effective July 1. L. 93: (2.5) added and (4) amended, p. 1655, 59, effective July 1. L. 2008: (7) added, p. 1593, 2, effective May 29. L. 2013: (4.5) added, (SB 13-011), ch. 49, p. 168, 26, effective May 1; (1) amended, (HB 13-1136), ch. 168, p. 554, 3, effective August 7. L. 2014: Entire section amended, (SB 14-118), ch. 250, p. 974, 1, effective August 6.

Annotations

Cross references: For the legislative declaration contained in the 2008 act enacting subsection (7), see section 1 of chapter 341, Session Laws of Colorado 2008.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Colorado Civil Union Act", see 42 Colo. Law. 91 (July 2013). For article, "Transgender Discrimination Law: Developments Under Colorado and Federal Law", see 45 Colo. Law. 51 (Sept. 2016).

The object to be obtained by subsection (4) and 24-34-402 (1) is to eliminate discrimination in employment on account of physical handicaps. Gamble v. Levitz Furniture Co., 759 P.2d 761 (Colo. App. 1988) (decided prior to 1993 amendment to subsection (4)), cert. denied, 782 P.2d 1197 (Colo. 1989).

Definition of "handicap", as it appears in subsection (4), creates an ambiguity which requires consideration of extrinsic sources to interpret the term properly. Gamble v. Levitz Furniture Co., 759 P.2d 761 (Colo. App. 1988) (decided prior to 1993 amendment to subsection (4)), cert. denied, 782 P.2d 1197 (Colo. 1989).

In defining "handicap", the general assembly meant to protect three types of handicapped individuals: Those with present impairments; those with past impairments, and those perceived as having impairments. Gamble v. Levitz Furniture Co., 759 P.2d 761 (Colo. App. 1988) (decided prior to 1993 amendment to subsection (4)), cert. denied, 782 P.2d 1197 (Colo. 1989).

For an impairment to be considered a substantial limitation, it must prevent or severely restrict an individual from performing a major life activity and must be of a permanent or long-term nature. Plaintiff's attention deficit disorder does not constitute a substantial limitation. Tesmer v. Colo. High Sch. Activities Ass'n., 140 P.3d 249 (Colo. App. 2006).

Applicant for employment was handicapped within the meaning of this section where he was treated as being substantially limited in one or more major life activities, even though he possessed no such substantial limitation. Civil Rights Comm'n v. Fire Prot. Dist., 772 P.2d 70 (Colo. 1989) (decided prior to 1993 amendment to subsection (4)).

In order to demonstrate status as a handicapped person, it is necessary for a plaintiff to establish only one of the disjunctive propositions in subsection (4). Gamble v. Levitz Furniture Co., 759 P.2d 761 (Colo. App. 1988) (decided prior to 1993 amendment to subsection (4)), cert. denied, 782 P.2d 1197 (Colo. 1989).

However, not all persons with physical impairments are entitled to relief; the impairment must be substantial and should be evaluated on a case-by-case basis. Civil Rights Comm'n v. Fire Prot. Dist., 772 P.2d 70 (Colo. 1989) (decided prior to 1993 amendment to subsection (4)).

Having AIDS or being HIV-positive is a handicap within the definition of this section. Phelps v. Field Real Estate Co., 793 F. Supp. 1535 (D. Colo. 1991).