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Colorado Enacts the “Kelly Loving Act,” Enhancing Work Protections

30 Jun

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Update Applicable to:Effective Date
All Employers in ColoradoAugust 6, 2025


What happened?

On May 16, 2025, Colorado’s Governor signed into law HB25-1312, also known as the “Kelly Loving Act.” This legislation expands legal protections for transgender and gender-diverse individuals, including updates to the Colorado Anti-Discrimination Act (CADA) that directly affect workplace practices and employer responsibilities.


Overview:

1. Anti-Discrimination Protections: the law expands the definition of gender expression to include appearance, dress, behavior, chosen name, and how a person chooses to be addressed.

  • A chosen name is one a person uses in connection with their identity (e.g., gender, race, disability), as long as it is not offensive or frivolous.
  • What this means for employers: Employers must respect and use employees’ chosen names and pronouns in workplace communications and systems, where legally permissible.
    • Deadnaming (using a former name) or misgendering (using incorrect pronouns) may now be considered discrimination under state law.

2. Strengthened Employment Protections under CADA: The law makes it clear that discrimination based on gender identity, gender expression, or chosen name is prohibited in employment.

  • What this means for employers: HR policies, hiring practices, and workplace conduct must align with these protections. Employers should ensure training and awareness for managers and staff to prevent violations.

3. Affirmation of Inclusive Rights: The law reinforces that all Coloradans have the right to fair and discrimination-free employment.

  • It supports the freedom to express one’s identity without unnecessary interference.
  • What this means for employers: Employers should foster inclusive environments and review practices like dress codes, name badges, and internal systems to ensure they are not discriminatory.

Exemptions: Religious organizations are exempt unless they receive public funding.


Additional Information:

  1. Update anti-discrimination policies to include “chosen name” and “gender expression.”
  1. Review HR and IT systems to ensure they can accommodate name and pronoun changes without requiring legal documentation unless required by law.
  1. Train staff and managers on respectful communication, inclusive practices, and legal obligations under CADA.
  1. Audit workplace practices from hiring to termination to ensure no policies or behaviors discriminate based on gender identity or expression.


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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