🇺🇸 Colorado EMPLOYMENT LAW — 2026 UPDATE

Colorado Return to Office Mandate 2026

⚠️Informational only — not legal or tax advice.

Last Updated: December 2025
Applicable Period: 2026 and current employment regulations
Key Characteristic: No state-specific return to office mandate for private sector employers; at-will employment framework and federal anti-discrimination protections apply in Colorado

RTO Mandate Colorado 2026

Table of Contents

Click any item below to jump to the relevant section

Introduction

Colorado does not have a state-specific return to office mandate for private sector employers. Unlike some states with executive orders or legislation governing return to office policies, Colorado operates under an at-will employment framework where private employers retain broad discretion in setting workplace location requirements, subject to federal and state anti-discrimination laws, disability accommodation requirements, and employment contract obligations.

This guide compiles official information published by the Colorado Department of Labor and Employment, the Colorado Civil Rights Division, the U.S. Equal Employment Opportunity Commission, and other government agencies regarding Colorado’s employment legal framework, employee rights under at-will employment, accommodation processes, and complaint procedures relevant to return to office decisions.

Sources consulted:

  • Colorado Department of Labor and Employment
  • Colorado Civil Rights Division
  • Colorado Civil Rights Commission
  • U.S. Equal Employment Opportunity Commission Denver Field Office
  • Colorado Revised Statutes

1.1 At-Will Employment Doctrine

Colorado follows the at-will employment doctrine, which is established through common law rather than a specific statutory provision. According to Colorado courts:

In Jaynes v. Centura Health Corp., 148 P.3d 241, 243 (Colo. App. 2006):

“Colorado law presumes the employment relationship to be terminable at-will by either party without liability.”

Source: Colorado Court of Appeals
Citation: 148 P.3d 241, 243 (Colo. App. 2006)
Available at: Colorado court records

According to Coors Brewing Co. v. Floyd, 978 P.2d 663, 666 (Colo. 1999):

“Under common law, either an employer or an employee can terminate an at-will employment relationship without incurring legal liability for this termination.”

Source: Colorado Supreme Court
Citation: 978 P.2d 663, 666 (Colo. 1999)
Available at: Colorado court records

Meaning of At-Will Employment

Under at-will employment:

  • Either the employer or employee may terminate the employment relationship at any time
  • Termination may occur for any lawful reason or no reason at all
  • Generally, no advance notice is required by either party
  • The employee has no automatic right to continued employment

Important limitation: At-will employment does not permit termination for unlawful reasons, including:

  • Discrimination based on protected classes
  • Retaliation for engaging in protected activities
  • Violation of public policy
  • Breach of employment contracts
  • Violation of federal or state employment statutes

1.2 State-Specific RTO Legislation/Orders

No Private Sector RTO Mandate

As of December 22, 2025, the Colorado Legislature has not enacted specific statutes or executive orders governing return to office mandates for private sector employers.

Search conducted: Colorado General Assembly website
Date: December 22, 2025
Available at: https://leg.colorado.gov/
Search terms: “return to office”, “remote work mandate”, “telework requirements”
Result: No relevant legislation identified for private sector employers

State Employee Flexible Work Arrangements

Governor Jared Polis issued an executive order regarding flexible work arrangements for state government employees only.

Executive Order D 2022 029 (February 2022):

According to the Office of the State Controller Flexible Work Arrangements Fiscal Policy (effective July 1, 2023):

“As an employer, the State recognizes the value of flexible work arrangements to an employee’s work-life balance and overall productivity. Additionally, flexible work arrangements assist the State in reducing leased office space, reducing emissions, and expanding office hour availability for customers.”

Source: Colorado Office of the State Controller
Policy: Flexible Work Arrangements Fiscal Policy
Effective Date: July 1, 2023
Available at: https://osc.colorado.gov/financial-operations/osc-policies-guidance/flexible-work-arrangements

Important: This executive order and policy apply to state government employees only. Private sector employers in Colorado are not subject to these flexible work arrangement requirements.

Federal Employee RTO Mandate

On January 20, 2025, President Donald Trump signed an executive order ending remote work for federal employees and requiring return to office full-time.

According to reporting by The Colorado Sun on January 24, 2025:

“As per one of the new orders from President Donald Trump, remote work is ending for federal employees, who must return to the office full time.”

Affected workers in Colorado: Approximately 44,500 federal civilian employees work in Colorado according to U.S. Office of Personnel Management data from April 2024.

Source: The Colorado Sun
Article: “How Donald Trump’s return-to-office order will affect the 45,000 federal employees throughout Colorado”
Date: January 24, 2025
Available at: https://coloradosun.com/

Important: This federal executive order applies only to federal government employees. Private sector employers and state/local government employers in Colorado are not covered by this federal order.

1.3 Private Sector Employer Discretion

In the absence of state-specific return to office legislation, private sector employers in Colorado operate under the following legal framework:

At-Will Employment: Employers may change work location requirements as a condition of continued employment, subject to:

  1. Anti-discrimination laws: Changes cannot discriminate based on protected classes
  2. Disability accommodation requirements: Employers must engage in interactive process for accommodation requests
  3. Contract obligations: Existing employment contracts must be honored
  4. Collective bargaining agreements: Union contracts may restrict employer discretion
  5. Implied contract exceptions: Employee handbooks or policies may create enforceable obligations

1.4 Municipal and County Policies

Denver City and County Employees:

According to BusinessDen reporting on January 23, 2025:

“Denver employees still have a hybrid schedule, where they’re expected to work in-office three days a week. That policy dates to late 2022, when former Mayor Michael Hancock upped the requirement from two days to three days.”

Source: BusinessDen
Article: “As Trump looks to get feds back in office, Johnston sticks with three days a week”
Date: January 23, 2025
Available at: https://businessden.com/

Lakewood City Employees:

According to the same BusinessDen article:

“In Lakewood, city employees working five eight-hour shifts can work remotely twice a week, while those working four 10-hour shifts can work remotely once.”

Important: These policies apply only to municipal employees of the respective cities. Private sector employers are not subject to these requirements.

Competent Government Agencies

2.1 Colorado Department of Labor and Employment (CDLE)

The Colorado Department of Labor and Employment administers Colorado labor laws and provides information to workers and employers.

Official website: https://cdle.colorado.gov/
Main address: 633 17th Street, Suite 201, Denver, CO 80202
Main phone: 303-318-8000
Function: Oversees unemployment insurance, labor standards, workforce development, workers’ compensation, and labor market information

Division of Labor Standards and Statistics:

  • Phone: 303-318-8441
  • Toll-Free: 1-888-390-7936
  • Fax: 303-318-8400
  • Email: cdle_labor_standards@state.co.us
  • Call Center Hours: Monday-Friday 9:00 AM – 12:00 PM; Monday, Wednesday, Friday 1:00 PM – 3:30 PM
  • Function: Administers Colorado labor laws governing wages, minimum wage, youth employment, and employment-related issues

Publications on RTO: The CDLE has not published specific guidance on return to office mandates for private employers. The department published COVID-19 era guidance on “Returning to Work” that addressed worker rights during the pandemic, but this guidance focused on health and safety during the COVID-19 emergency period.

Source: Colorado Department of Labor and Employment
Available at: https://cdle.colorado.gov/contact-us

2.2 Colorado Civil Rights Division (CCRD)

The Colorado Civil Rights Division enforces Colorado’s anti-discrimination laws in employment, housing, and public accommodations.

Official website: https://ccrd.colorado.gov/
Address: 1560 Broadway, Lobby Welcome Center, Suite 110, Denver, CO 80202
Main phone: 303-894-2997
Toll-free: 800-262-4845
Spanish hotline: 720-432-4294
TTY/TDD: 711 (Relay)
Fax: 303-894-7830
Email: dora_ccrd@state.co.us
Function: Investigates complaints of discrimination based on protected classes in employment, housing, and public accommodations; enforces the Colorado Anti-Discrimination Act (CADA)

Online complaint filing: Available through CaseConnect at https://ccrd.colorado.gov/case-connect

Complaint filing deadlines:

  • Employment discrimination: 300 days from notice of the discriminatory act
  • Housing discrimination: 1 year from the discriminatory act
  • Public accommodations discrimination: 60 days from the discriminatory act

Source: Colorado Civil Rights Division
Available at: https://ccrd.colorado.gov/

2.3 Colorado Civil Rights Commission (CCRC)

The Colorado Civil Rights Commission is a seven-member, bipartisan board appointed by the Governor that conducts hearings regarding illegal discriminatory practices.

Function: Reviews appeals of cases investigated and dismissed by CCRD, develops policy, adopts administrative rules and regulations

Meeting schedule: Fourth Friday of each month at 10:00 AM
Location: 1560 Broadway, Denver, CO 80202
Contact for Commission matters: 303-894-2997
Email: dora_ccrd@state.co.us

Source: Colorado Civil Rights Division
Available at: https://ccrd.colorado.gov/ccrd-home/regulatory-information/colorado-civil-rights-commission

2.4 U.S. Equal Employment Opportunity Commission (EEOC) – Denver Field Office

The EEOC enforces federal laws prohibiting employment discrimination.

Denver Field Office:

  • Address: 950 17th Street, Suite 300, Denver, CO 80202
  • Phone: 1-800-669-4000
  • TTY: 1-800-669-6820
  • ASL Video Phone: 1-844-234-5122
  • Local phone: 720-779-3610
  • Email: info.dfo@eeoc.gov
  • Lobby hours: 8:00 AM – 4:30 PM, Monday-Friday
  • Coverage area: Colorado and Wyoming

Public Portal for filing charges: https://publicportal.eeoc.gov/

Filing deadline: Generally 180 days from the discriminatory act, or 300 days if the state has a Fair Employment Practice Agency (FEPA) with a worksharing agreement with EEOC

Colorado FEPA status: Yes, Colorado has a worksharing agreement with EEOC through the Colorado Civil Rights Division, which extends the filing deadline to 300 days.

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/denver/location

Parent District: The Denver Field Office is part of the EEOC’s Phoenix District Office, which covers Arizona, Colorado, Utah, Wyoming, and sections of New Mexico.

Applicable Statutes - Compilation

3.1 State Anti-Discrimination Laws

Colorado Anti-Discrimination Act (CADA)

Primary statute: Colorado Revised Statutes Title 24, Article 34, Sections 301 et seq.

Specific parts:

Part Reference Coverage Official Source
Part 3 C.R.S. § 24-34-301 et seq. Colorado Civil Rights Division – Commission – Procedures Colorado Revised Statutes
Part 4 C.R.S. § 24-34-401 et seq. Employment Practices Colorado Revised Statutes
Part 5 C.R.S. § 24-34-501 et seq. Housing Practices Colorado Revised Statutes
Part 6 C.R.S. § 24-34-601 et seq. Discrimination in Places of Public Accommodation Colorado Revised Statutes
Part 7 C.R.S. § 24-34-701 et seq. Discriminatory Advertising Colorado Revised Statutes

Protected classes under CADA (Employment):

  • Disability
  • Race (includes hair texture, hair type, hair length, or protective hairstyles)
  • Creed
  • Color
  • Sex
  • Sexual orientation
  • Gender identity
  • Gender expression
  • Religion
  • Age (40 and over)
  • National origin
  • Ancestry
  • Marital status (for employers with 25+ employees)
  • Pregnancy and related conditions

Employer coverage: ALL employers in Colorado with at least one employee are covered by CADA, except religious organizations or associations not supported by public funds.

Source: Colorado Civil Rights Division
Available at: https://ccrd.colorado.gov/discrimination

CADA Rules and Regulations:

  • Citation: 3 CCR 708-1
  • Available at: Colorado Secretary of State – Code of Colorado Regulations

3.2 Federal Anti-Discrimination Laws

Law Reference Protected Classes Employer Size Official Source
Title VII of the Civil Rights Act of 1964 42 U.S.C. § 2000e et seq. Race, color, religion, sex (including pregnancy, sexual orientation, gender identity), national origin 15+ employees eeoc.gov
Americans with Disabilities Act (ADA) 42 U.S.C. § 12101 et seq. Disability 15+ employees ada.gov
Age Discrimination in Employment Act (ADEA) 29 U.S.C. § 621 et seq. Age (40 and over) 20+ employees eeoc.gov
Genetic Information Nondiscrimination Act (GINA) 42 U.S.C. § 2000ff et seq. Genetic information 15+ employees eeoc.gov
Pregnancy Discrimination Act 42 U.S.C. § 2000e(k) Pregnancy, childbirth, related medical conditions 15+ employees eeoc.gov

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/

3.3 Lawful Off-Duty Activities Statute

Citation: C.R.S. § 24-34-402.5

According to this statute, it is an unlawful employment practice for an employer to terminate an employee due to the employee engaging in any lawful activity off the premises of the employer during nonworking hours, unless:

  • The restriction relates to a bona fide occupational requirement
  • The restriction is reasonably and rationally related to employment activities and responsibilities
  • The restriction is necessary to avoid a conflict of interest with any responsibilities to the employer or the appearance of such a conflict of interest

Important limitations:

  • Although marijuana use is legal under Colorado state law, it remains illegal under federal law
  • Courts have held that termination for marijuana use does not violate this statute because marijuana remains illegal federally
  • This statute does not create a right to file with the Colorado Civil Rights Division
  • Employees must file a civil action in Colorado district court
  • Two-year statute of limitations applies

Source: Colorado Revised Statutes
Citation: C.R.S. § 24-34-402.5
Available at: Colorado General Assembly website at https://leg.colorado.gov

At-Will Employment and Exceptions

4.1 General At-Will Principle

According to Colorado case law, the traditional rule in Colorado is that, absent an agreement or statute providing otherwise, the employer-employee relationship is at-will, meaning either party may terminate the relationship without notice at any time, for any reason or no reason at all.

Source: Wisehart v. Meganck, 66 P.3d 124, 126 (Colo. App. 2002)

According to this precedent:

“In Colorado, an agreement of employment for an indefinite term is presumed to be at will. Either the employer or the employee may terminate at-will employment at any time with or without cause, and such termination generally does not give rise to a claim for relief.”

4.2 Exceptions to At-Will Employment

Breach of Contract Exception

Colorado courts recognize that employment contracts, whether written or oral, can modify the at-will relationship. If an employer has made explicit promises about job security or termination procedures, these may be enforceable.

Implied contracts: Employee handbooks or personnel policies may create implied contractual obligations. For example, if a handbook states that employees will only be terminated “for cause” or after following progressive discipline procedures, courts may find an implied contract exists.

Important: Most employers include disclaimers in handbooks stating that the handbook does not create a contract and that employment remains at-will. When properly drafted, these disclaimers are generally enforceable.

Public Policy Exception

Colorado courts have recognized the public policy exception to the at-will doctrine. According to this exception, termination violates public policy when an employee is fired for:

  • Filing a workers’ compensation claim
  • Serving on a jury
  • Refusing to commit perjury
  • Refusing to commit an illegal act as part of job duties
  • Reporting violations of law (whistleblowing)
  • Engaging in legally protected activities

Source: Colorado case law on public policy exceptions

Statutory Protections

Federal and Colorado statutes prohibit termination for discriminatory or retaliatory reasons:

Anti-discrimination statutes:

  • Colorado Anti-Discrimination Act (CADA)
  • Title VII of the Civil Rights Act
  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)

Anti-retaliation provisions: These laws prohibit employers from retaliating against employees for:

  • Filing discrimination complaints
  • Participating in discrimination investigations
  • Requesting reasonable accommodations
  • Opposing discriminatory practices

Covenant of Good Faith and Fair Dealing

While not widely recognized in Colorado for at-will employment, some courts have found that employers cannot act in bad faith or with malice when terminating employees.

4.3 Application to Return to Office Decisions

Under at-will employment, Colorado employers generally may:

  • Require employees to return to office
  • Change remote work policies
  • Terminate employees who refuse to comply with return to office requirements
  • Modify workplace location as a condition of continued employment

Exceptions – Employers cannot:

  • Make return to office decisions that discriminate based on protected classes
  • Refuse reasonable accommodations for disabilities
  • Retaliate against employees for requesting accommodations
  • Violate existing employment contracts
  • Breach collective bargaining agreements
  • Violate public policy

Reasonable Accommodations - Official Framework

5.1 Federal ADA Requirements

The Americans with Disabilities Act requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities.

According to the U.S. Equal Employment Opportunity Commission:

“A reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.”

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/

Examples of reasonable accommodations that may be relevant to return to office decisions:

  • Modification of work schedule
  • Telework/remote work arrangements
  • Modification of workplace policies
  • Providing assistive technology
  • Job restructuring
  • Reassignment to a vacant position

Important: Reasonable accommodation is an interactive process between the employer and employee. Neither party is entitled to their preferred accommodation if another effective accommodation is available.

5.2 Colorado State Law Requirements

Colorado Anti-Discrimination Act (CADA) – C.R.S. § 24-34-401 et seq.

Colorado disability discrimination law generally follows federal ADA standards. CADA prohibits discrimination based on disability and requires reasonable accommodations.

According to CADA, employers must provide reasonable accommodations unless doing so would impose an undue hardship on the operation of the business.

Covered employers: Unlike the ADA’s 15-employee threshold, CADA applies to ALL employers in Colorado with at least one employee (except religious organizations not supported by public funds).

Source: Colorado Civil Rights Division
Citation: C.R.S. § 24-34-401 et seq.
Available at: https://ccrd.colorado.gov/

Disability definition under CADA:

A disability means “a physical or mental impairment which substantially limits a major life activity.”

According to Colorado Civil Rights Commission Rules and Regulations (3 CCR 708-1):

“Major life activities include, but are not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sitting, standing, lifting, reaching, and the operation of major bodily functions.”

Source: Colorado Civil Rights Commission Rules and Regulations
Citation: 3 CCR 708-1
Available at: Colorado Secretary of State – Code of Colorado Regulations

5.3 Interactive Process

Federal EEOC Guidance:

According to EEOC guidance on reasonable accommodation:

“Once an individual has requested accommodation, the employer and the individual should engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation.”

Steps in the interactive process:

STEP 1: Accommodation Request

  • Employee notifies employer of need for accommodation
  • Request may be informal (oral or written)
  • Employee should indicate having a disability and needing adjustment due to medical condition

STEP 2: Employer Response

  • Employer should respond promptly
  • Request medical documentation if needed
  • Do not delay unnecessarily

STEP 3: Interactive Discussion

  • Employer and employee discuss potential accommodations
  • Consider employee’s preferences
  • Identify effective accommodations
  • Assess whether accommodations pose undue hardship

STEP 4: Implementation

  • Provide chosen accommodation
  • Monitor effectiveness
  • Make adjustments if needed

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/

5.4 Undue Hardship Defense

Employers are not required to provide accommodations that would impose an “undue hardship.”

According to the ADA, undue hardship means:

“An action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.”

Factors considered in undue hardship analysis:

  • Nature and cost of accommodation
  • Overall financial resources of the facility and employer
  • Impact on facility operations
  • Impact on other employees
  • Type of business operation

Source: Americans with Disabilities Act, 42 U.S.C. § 12111(10)
Available at: ada.gov

Important: The burden is on the employer to prove undue hardship. General claims about cost or disruption are insufficient. Employers must provide specific evidence of undue hardship.

5.5 Remote Work as Reasonable Accommodation

According to EEOC guidance, remote work may be a reasonable accommodation in some circumstances.

The EEOC has stated:

“Although employers are not obligated to adopt an employee’s preferred or requested accommodation and may instead offer alternative accommodations, employers may not simply refuse to provide telework and force employees with disabilities to stop working or to take leave.”

Source: EEOC Pandemic Preparedness Guidance (updated)
Available at: https://www.eeoc.gov/

Factors to consider:

  • Whether essential job functions can be performed remotely
  • Whether employee has successfully performed work remotely in the past (e.g., during COVID-19)
  • Technology and resources available
  • Nature of the position
  • Impact on operations

Employer obligations:

  • Cannot reject remote work request based solely on general preference for in-office work
  • Must engage in interactive process
  • Must consider whether remote work is effective accommodation
  • Can deny if imposes undue hardship or employee cannot perform essential functions remotely

5.6 Pregnancy Accommodation

Colorado Pregnant Workers’ Fairness Act

Colorado law requires reasonable accommodations for pregnancy and pregnancy-related conditions.

According to CADA (as amended):

Discrimination based on pregnancy, childbirth, and related medical conditions is prohibited. Employers must provide reasonable accommodations for pregnancy-related conditions unless doing so would impose undue hardship.

Examples of pregnancy accommodations that may be relevant to RTO:

  • More frequent breaks
  • Modified work schedule
  • Temporary remote work
  • Modified duties
  • Leave or time off

Source: Colorado Anti-Discrimination Act
Citation: C.R.S. § 24-34-402.3
Available at: Colorado Revised Statutes

5.7 Religious Accommodation

Federal and Colorado law require religious accommodations

According to Title VII and CADA, employers must reasonably accommodate employees’ sincerely held religious beliefs unless doing so would impose undue hardship.

Note: The standard for religious accommodation undue hardship is lower than for disability accommodation. Under federal law, undue hardship exists if accommodation would impose more than “de minimis” (minimal) cost on the business.

Examples relevant to RTO:

  • Modified schedule for religious observances
  • Flexibility for prayer times
  • Accommodation of religious dress or grooming

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/

5.8 Official Forms and Resources

EEOC Resources:

  • Small Employer Guide: https://www.eeoc.gov/
  • Reasonable Accommodation Fact Sheet: Available on EEOC website
  • Employers’ Practical Guide: Available on EEOC website

Colorado Civil Rights Division Resources:

Note: Neither EEOC nor CCRD require specific forms for accommodation requests. Requests can be informal, oral or written.

Official Complaint Process

6.1 Colorado Civil Rights Division (CCRD)

Filing Deadline

Employment discrimination complaints must be filed within 300 days from notice of the alleged discriminatory act.

Source: Colorado Civil Rights Division
Citation: C.R.S. § 24-34-306
Available at: https://ccrd.colorado.gov/the-complaint-process

CRITICAL: According to CCRD:

“After the statute of limitations has passed, the Colorado Civil Rights Division does not have jurisdiction over the allegations at issue. The CCRD does not have the authority to extend these statutorily-imposed filing deadlines, even when good cause or underlying exigent circumstances are demonstrated.”

Important: Submission of intake information does not constitute filing. A complaint is legally filed only when CCRD receives a jurisdictionally valid, formal, signed, and verified complaint of discrimination.

How to File

1. Online Filing (Recommended):

  • Portal: CaseConnect at https://ccrd.colorado.gov/case-connect
  • Process: Complete online intake questionnaire
  • Benefits: Electronic submission, ability to attach documents, online status tracking
  • Access: Requires computer with internet connection

2. By Phone:

  • Number: 303-894-2997
  • Toll-free: 800-262-4845
  • Spanish hotline: 720-432-4294
  • TTY/TDD: 711 (Relay)

3. In Person:

  • Location: 1560 Broadway, Lobby Welcome Center, Suite 110, Denver, CO 80202
  • Hours: Business hours (call to confirm)
  • Computer access: Welcome Center has public computer terminals for CaseConnect

4. By Email:

  • Email: dora_ccrd@state.co.us
  • Note: Contact for questions; formal filing requires CaseConnect or other approved methods

Complaint Process Timeline

STEP 1: Intake (Initial submission)

  • Complete intake questionnaire providing information about alleged discrimination
  • CCRD assesses jurisdiction
  • Division determines if case falls within CCRD authority

STEP 2: Formal Complaint Preparation

  • If CCRD has jurisdiction, Division prepares formal complaint
  • Complainant must sign and verify formal complaint
  • Complaint is legally filed when Division receives signed, verified complaint

STEP 3: Service on Respondent (Employer)

  • CCRD serves complaint on employer (Respondent)
  • Respondent has opportunity to respond

STEP 4: Investigation

  • Timeline: Division has 450 days to investigate and make determination
  • Process: Division requests information from both parties
  • Division may use subpoena power if necessary
  • Both parties provide position statements, evidence, witnesses

STEP 5: Respondent’s Position Statement

  • Employer provides response to allegations
  • Complainant receives employer’s position statement
  • Complainant has 30 days to provide rebuttal (employment and public accommodation cases)

STEP 6: Determination

Option A: No Probable Cause

  • Director dismisses complaint
  • Complainant may appeal to Colorado Civil Rights Commission within 10 days

Option B: Probable Cause

  • Director issues probable cause determination
  • Case proceeds to conciliation

STEP 7: Conciliation (If Probable Cause Found)

  • Voluntary settlement negotiations
  • Both parties attempt to resolve through conciliation
  • If conciliation fails, case proceeds to Commission

STEP 8: Colorado Civil Rights Commission

  • Commission decides whether to set case for hearing
  • If hearing ordered, administrative law judge conducts hearing
  • Colorado Attorney General’s Office involved

Source: Colorado Civil Rights Division
Available at: https://ccrd.colorado.gov/the-complaint-process

Mediation Option

Alternative Dispute Resolution (ADR):

Either party may request mediation at any time after complaint filing. Both parties must voluntarily agree to participate.

Benefits of mediation:

  • Faster resolution
  • Less formal than hearing
  • Parties control outcome
  • Confidential process

How to request mediation:

48-hour cancellation policy applies

Source: Colorado Civil Rights Division
Available at: https://ccrd.colorado.gov/settle-my-case

Contact Information – CCRD

Colorado Civil Rights Division
1560 Broadway, Lobby Welcome Center, Suite 110
Denver, CO 80202

Phone: 303-894-2997
Toll-free: 800-262-4845
Spanish hotline: 720-432-4294
TTY/TDD: 711 (Relay)
Fax: 303-894-7830
Email: dora_ccrd@state.co.us
Website: https://ccrd.colorado.gov/

For intake questions: dora_ccrdintake@state.co.us
For CaseConnect technical support: dora_ccrd_support@state.co.us

6.2 U.S. Equal Employment Opportunity Commission (EEOC)

Filing Deadline

Federal filing deadline: Generally 300 days from the discriminatory act for states with Fair Employment Practice Agencies (FEPAs)

Colorado has a worksharing agreement with EEOC, which means:

  • Filing deadline is 300 days (not 180 days)
  • Filing with CCRD constitutes dual-filing with EEOC
  • Filing with EEOC constitutes dual-filing with CCRD

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/

How to File with EEOC

1. Online Filing (Recommended):

  • Public Portal: https://publicportal.eeoc.gov/
  • Process: Create account, complete questionnaire, submit charge
  • Benefits: Electronic submission, document upload, online status tracking

2. By Phone:

  • National number: 1-800-669-4000
  • TTY: 1-800-669-6820
  • ASL Video Phone: 1-844-234-5122
  • Denver Field Office: 720-779-3610

3. Schedule Intake Interview:

  • Options: Telephone, video, or in-person
  • Schedule through: Public Portal at https://publicportal.eeoc.gov/
  • Note: Appointments given priority over walk-ins

4. In Person:

  • Location: 950 17th Street, Suite 300, Denver, CO 80202
  • Lobby hours: 8:00 AM – 4:30 PM, Monday-Friday
  • Intake interviews: Every day except Wednesdays
  • Note: Scheduling appointment strongly recommended

EEOC Process

STEP 1: Intake Interview

  • Discuss situation with EEOC representative
  • Determine if EEOC has jurisdiction
  • Discuss options and process

STEP 2: Charge Filing

  • Formal charge of discrimination prepared
  • Charging party signs charge under oath
  • Charge served on employer

STEP 3: Mediation Offer

  • EEOC may offer voluntary mediation
  • Both parties must agree
  • Confidential process

STEP 4: Investigation

  • EEOC investigates allegations
  • Requests information from employer
  • May conduct interviews

STEP 5: Determination

Option A: No Cause

  • EEOC dismisses charge
  • Issues Notice of Right to Sue
  • Charging party has 90 days to file lawsuit

Option B: Cause

  • EEOC attempts conciliation
  • If conciliation fails, EEOC may file lawsuit or issue Right to Sue

STEP 6: Right to Sue Notice

  • Charging party can request Right to Sue at any time after 180 days
  • Must file lawsuit within 90 days of receiving Right to Sue

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/

Contact Information – EEOC Denver

EEOC Denver Field Office
950 17th Street, Suite 300
Denver, CO 80202

Phone: 1-800-669-4000 (National)
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Local phone: 720-779-3610
Email: info.dfo@eeoc.gov
Website: https://www.eeoc.gov/field-office/denver/location

Lobby hours: 8:00 AM – 4:30 PM, Monday-Friday
Coverage: Colorado and Wyoming

Public Portal: https://publicportal.eeoc.gov/

6.3 Dual-Filing and Coordination

Colorado-EEOC Worksharing Agreement:

Colorado Civil Rights Division and EEOC have a worksharing agreement:

  • Filing with CCRD automatically cross-files with EEOC
  • Filing with EEOC automatically cross-files with CCRD
  • Avoids need to file separately with both agencies
  • Preserves rights under both state and federal law

Strategic considerations:

  • Both agencies investigate complaints
  • Remedies may differ between state and federal law
  • CADA covers smaller employers (1+ employees vs. 15+ for most federal laws)
  • CADA covers additional protected classes (e.g., sexual orientation, marital status)

Source: Colorado Civil Rights Division and U.S. Equal Employment Opportunity Commission

Published Official Documents

7.1 State-Specific Guidance Documents

COVID-19 Era Return to Work Guidance (Historical)

Document: “Return to Work Guidance for Workers”
Published by: Colorado Department of Labor and Employment
Historical relevance: During COVID-19 pandemic (2020-2021)
Status: Guidance related to COVID-19 “Safer at Home” Executive Order D 2020 044
Note: COVID-19 emergency orders were rescinded by Governor Polis in July 2021

Source: Colorado Department of Labor and Employment
Available at: https://cdle.colorado.gov/returning-work

Content summary (historical):

  • Addressed worker rights during COVID-19 pandemic
  • Covered protections for “vulnerable individuals”
  • Unemployment insurance eligibility for refusing unsafe work
  • Specific to pandemic emergency period

Current relevance: Limited. Emergency orders expired. General employment law framework now applies.

Flexible Work Arrangements Policy (State Employees Only)

Document: “Flexible Work Arrangements Fiscal Policy”
Published by: Colorado Office of the State Controller
Effective Date: July 1, 2023
Applies to: State of Colorado government employees only

Summary: According to the policy:

“This Flexible Work Arrangements Fiscal Policy (the ‘Policy’) applies to all permanent classified and non-classified employees in the State of Colorado (the ‘State’) as well as temporary employees, excluding Institutions of Higher Education, and the Judicial and Legislative branches.”

Key provisions:

  • State recognizes value of flexible work arrangements
  • Assists in reducing leased office space and emissions
  • Categories of work arrangements defined (State Workplace, Remote Workplace, Hybrid Workplace)
  • Equipment provided by state for remote/hybrid workers

Source: Colorado Office of the State Controller
Available at: https://osc.colorado.gov/financial-operations/osc-policies-guidance/flexible-work-arrangements

Important: This policy applies only to state government employees, NOT private sector employers.

Remote Work Initiative

Program: Colorado Remote Work Initiative
Partners: Colorado Workforce Development Council, CDLE Office of the Future of Work, Office of Economic Development and International Trade
Purpose: Support adoption of remote work strategies by individuals, employers, and communities

Published resources:

  • Case studies of businesses transitioning to remote work
  • Best practices guides
  • Remote work certificate programs
  • Job board for remote positions

Source: Colorado Department of Labor and Employment
Available at: https://cdle.colorado.gov/offices/office-of-the-future-of-work/remote-work-initiative

Note: This is an informational and support initiative, not a regulatory requirement.

7.2 Executive Orders

Governor Jared Polis – Executive Orders

COVID-19 Related Orders (Expired):

According to Colorado Public Radio reporting from July 8, 2021:

“Polis issued 393 executive orders related to COVID-19 during the crisis, covering everything from rules governing manicurists to crisis standards of care… Gov. Jared Polis has declared an end to Colorado’s COVID-19 health emergency.”

Status: COVID-19 emergency orders were rescinded effective July 8, 2021

Source: Colorado Public Radio
Available at: https://www.cpr.org/2021/07/08/gov-polis-has-declared-an-end-to-colorados-covid-19-health-emergency/

Current Executive Orders:

Governor’s executive orders by year available at:

Search conducted: December 22, 2025
Search terms: “return to office”, “telework”, “remote work”, “flexible work”
Result for private sector: No executive orders identified mandating or prohibiting return to office for private employers

Executive Order D 2022 029 (February 2022):

  • Addresses flexible work arrangements for STATE EMPLOYEES
  • Directed Department of Personnel & Administration to reduce state office space by 30%
  • Does not apply to private sector

7.3 Statutes and Legal References

Primary Legal Sources

Colorado Revised Statutes – Employment:

  1. Colorado Anti-Discrimination Act (CADA)
    • Citation: C.R.S. § 24-34-301 et seq.
    • Available at: https://leg.colorado.gov/ (Colorado General Assembly)
    • Part 4 (Employment): C.R.S. § 24-34-401 et seq.
  2. Lawful Off-Duty Activities
    • Citation: C.R.S. § 24-34-402.5
    • Available at: Colorado Revised Statutes
  3. Colorado Civil Rights Commission Rules
    • Citation: 3 CCR 708-1
    • Available at: Colorado Secretary of State – Code of Colorado Regulations

Federal Statutes:

  1. Americans with Disabilities Act
  2. Title VII of the Civil Rights Act of 1964
  3. Age Discrimination in Employment Act

7.4 Agency Publications

Colorado Civil Rights Division Publications:

  1. Employment Discrimination Information
  2. The Complaint Process Guide
  3. CaseConnect User Information

EEOC Publications:

  1. Small Employers and Reasonable Accommodation
    • Available at: https://www.eeoc.gov/
    • Format: PDF and HTML
    • Content: Guidance for small employers on ADA compliance
  2. Enforcement Guidance on Reasonable Accommodation
    • Available at: https://www.eeoc.gov/
    • Format: PDF and HTML
    • Content: Detailed guidance on accommodation process
  3. COVID-19 and Workplace Rights
    • Available at: https://www.eeoc.gov/
    • Format: HTML (updated guidance)
    • Content: Pandemic-related workplace issues, including remote work

Resources & Contacts

9.1 Government Agency Directory

Colorado Civil Rights Division (CCRD)

  • Official website: https://ccrd.colorado.gov/
  • Telephone: 303-894-2997 (local) / 800-262-4845 (toll-free)
  • Function: Enforces Colorado Anti-Discrimination Act; investigates employment, housing, and public accommodation discrimination complaints

Colorado Department of Labor & Employment (CDLE)

  • Official website: https://cdle.colorado.gov/
  • Telephone: 303-318-8000
  • Function: Administers Colorado labor laws, unemployment insurance, workforce development, and labor market information

CDLE – Division of Labor Standards and Statistics

  • Official website: https://cdle.colorado.gov/labor-law-stats
  • Telephone: 303-318-8441 (local) / 1-888-390-7936 (toll-free)
  • Function: Administers wage and hour laws, youth employment regulations, and labor standards

U.S. Equal Employment Opportunity Commission (EEOC) – Denver Field Office

Colorado Civil Rights Commission (CCRC)

Colorado Office of the State Controller

  • Official website: https://osc.colorado.gov/
  • Telephone: 303-866-6000
  • Function: Oversees state employee fiscal policies including flexible work arrangements (applies to state employees only, not private sector)

Colorado Department of Regulatory Agencies (DORA)

  • Official website: https://dora.colorado.gov/
  • Telephone: 303-894-7855
  • Function: Parent agency of Colorado Civil Rights Division, oversees various regulatory divisions

9.2 Key Publications and Resources

Colorado Civil Rights Division:

  1. Employment Discrimination Overview
  2. The Complaint Process
  3. CaseConnect Online Filing
  4. CCRD Annual Reports

Colorado Revised Statutes:

  1. Colorado Anti-Discrimination Act (CADA)
  2. Colorado Civil Rights Commission Rules
    • Citation: 3 CCR 708-1
    • URL: Colorado Secretary of State website
    • Format: PDF

EEOC Publications:

  1. Small Employer and Reasonable Accommodation
  2. Enforcement Guidance on Reasonable Accommodation
  3. What You Should Know About COVID-19 and the ADA
  4. EEOC Public Portal User Guide

Americans with Disabilities Act Resources:

  1. ADA.gov – Official Website
  2. Job Accommodation Network (JAN)

9.3 Legal Assistance Resources

For legal advice (not information):

Colorado Bar Association:

Colorado Legal Services (for low-income individuals):

Metro Volunteer Lawyers:

Colorado Employment Lawyers Association (CELA):

Note: Government agencies (CCRD, CDLE, EEOC) provide information and enforcement, not legal advice. For advice on your specific situation, consult a licensed attorney in Colorado.

Frequently Asked Questions - RTO mandate California

What is Colorado’s return to office mandate?

Colorado does not have a state-specific return to office mandate for private sector employers. As of December 2025, the Colorado Legislature has not enacted legislation or executive orders requiring or prohibiting private employers from implementing return to office policies.

Private sector employers in Colorado operate under an at-will employment framework, which generally allows them to set workplace location requirements as a condition of employment, subject to anti-discrimination laws, disability accommodation requirements, and employment contract obligations.

State government employees: Governor Polis issued Executive Order D 2022 029 establishing flexible work arrangements for state employees, but this does not apply to private employers.

Federal employees: President Trump issued an executive order in January 2025 requiring federal employees to return to office full-time, affecting approximately 44,500 federal workers in Colorado.

Source: Colorado General Assembly, Colorado Office of the State Controller
Available at: https://leg.colorado.gov/ and https://osc.colorado.gov/

Does Colorado’s RTO mandate apply to private employers?

No. Colorado does not have a return to office mandate that applies to private employers.

Private sector employers retain discretion to establish workplace location policies under Colorado’s at-will employment framework. Employers may require employees to work in-office, work remotely, or adopt hybrid arrangements according to business needs.

However, employers must comply with:

  • Federal and state anti-discrimination laws
  • Reasonable accommodation requirements under the ADA and CADA
  • Existing employment contracts
  • Collective bargaining agreements
  • Anti-retaliation protections

Source: Colorado employment law framework

Can my employer force me back to the office in Colorado?

Generally, yes, under Colorado’s at-will employment doctrine. Employers may change workplace location requirements as a condition of continued employment.

Employers may:

  • Require return to office
  • End remote work arrangements
  • Implement hybrid schedules
  • Terminate employees who refuse to comply (subject to exceptions below)

Exceptions – Your employer cannot:

  • Discriminate based on protected classes (race, sex, disability, age 40+, religion, etc.)
  • Deny reasonable accommodations for disabilities
  • Retaliate for requesting accommodations
  • Breach employment contracts
  • Violate collective bargaining agreements

If you have a disability or medical condition: You may be entitled to remote work as a reasonable accommodation. Request accommodation through your employer’s process and be prepared to provide medical documentation.

If you have an employment contract: Review your contract. If it guarantees remote work or specifies termination procedures, your employer must honor those terms.

Source: Colorado at-will employment doctrine and anti-discrimination laws

What are my accommodation rights under Colorado law?

Disability Accommodation:

Under the Americans with Disabilities Act (ADA) and Colorado Anti-Discrimination Act (CADA), you have the right to request reasonable accommodation for disabilities.

Colorado law (CADA) applies to:

  • ALL employers with at least one employee
  • Much broader than federal ADA (15+ employees)

To request accommodation:

  1. Notify your employer of need for accommodation
  2. Explain you have a medical condition requiring adjustment
  3. Suggest possible accommodations (e.g., remote work, modified schedule)
  4. Provide medical documentation if requested
  5. Engage in interactive discussion with employer

Employer obligations:

  • Must engage in good faith interactive process
  • Must provide effective accommodation unless it causes undue hardship
  • Cannot retaliate for requesting accommodation

Remote work as accommodation: Courts have held that remote work may be a reasonable accommodation if essential job functions can be performed remotely. If you successfully worked remotely during COVID-19, this may support your accommodation request.

Source: Colorado Civil Rights Division, U.S. Equal Employment Opportunity Commission
Available at: https://ccrd.colorado.gov/ and https://www.eeoc.gov/

How do I file a discrimination complaint in Colorado?

Option 1: Colorado Civil Rights Division (CCRD)

Deadline: 300 days from the discriminatory act

How to file:

  1. Online (recommended): CaseConnect at https://ccrd.colorado.gov/case-connect
  2. By phone: 303-894-2997 or toll-free 800-262-4845
  3. In person: 1560 Broadway, Suite 110, Denver, CO 80202

Process:

  • Complete intake questionnaire
  • CCRD assesses jurisdiction
  • If accepted, CCRD prepares formal complaint
  • You sign and verify complaint
  • CCRD investigates (up to 450 days)
  • Determination: probable cause or dismissal

Contact: 303-894-2997 or dora_ccrd@state.co.us

Option 2: Equal Employment Opportunity Commission (EEOC)

Deadline: 300 days from the discriminatory act

How to file:

  1. Online: Public Portal at https://publicportal.eeoc.gov/
  2. By phone: 1-800-669-4000
  3. Schedule interview: Through Public Portal (phone, video, or in-person)
  4. Walk-in: 950 17th Street, Suite 300, Denver, CO 80202

Note: Colorado has worksharing agreement with EEOC. Filing with either agency automatically cross-files with the other.

Source: Colorado Civil Rights Division and EEOC
Available at: https://ccrd.colorado.gov/ and https://www.eeoc.gov/

Can I request remote work as a reasonable accommodation?

Yes. Remote work may be a reasonable accommodation under the ADA and CADA if you have a disability.

Factors considered:

  • Can you perform essential job functions remotely?
  • Did you successfully work remotely previously (e.g., during COVID-19)?
  • What technology and resources are needed?
  • What is the impact on business operations?
  • Does it impose undue hardship on the employer?

EEOC has stated: “Although employers are not obligated to adopt an employee’s preferred or requested accommodation and may instead offer alternative accommodations, employers may not simply refuse to provide telework and force employees with disabilities to stop working or to take leave.”

Important points:

  • Request must be related to your disability
  • Employer must engage in interactive process
  • Employer can offer alternative accommodations
  • Employer can deny if undue hardship or you cannot perform essential functions remotely
  • Your preference alone does not require accommodation

How to request:

  1. Notify employer of need for accommodation
  2. Explain medical condition requiring remote work
  3. Provide medical documentation
  4. Discuss with employer
  5. If denied, you may file complaint with CCRD or EEOC

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/

What is Colorado’s Anti-Discrimination Act (CADA)?

The Colorado Anti-Discrimination Act (CADA) is Colorado’s primary state law prohibiting employment discrimination.

Citation: Colorado Revised Statutes § 24-34-301 et seq.
Part 4 (Employment): C.R.S. § 24-34-401 et seq.

Protected classes under CADA:

  • Disability
  • Race (including natural hair styles)
  • Color
  • Creed
  • Sex
  • Sexual orientation
  • Gender identity
  • Gender expression
  • Religion
  • Age (40 and over)
  • National origin
  • Ancestry
  • Pregnancy and related conditions
  • Marital status (employers with 25+ employees)

Coverage: ALL employers in Colorado with at least one employee (except religious organizations not supported by public funds)

Enforcement agency: Colorado Civil Rights Division (CCRD)

Remedies available:

  • Back pay and front pay
  • Compensatory damages
  • Attorney fees
  • Injunctive relief
  • Reinstatement

Source: Colorado Civil Rights Division
Citation: C.R.S. § 24-34-401 et seq.
Available at: https://ccrd.colorado.gov/

Where do I file an EEOC complaint in Colorado?

EEOC Denver Field Office

Address:
950 17th Street, Suite 300
Denver, CO 80202

Contact:

  • Phone: 1-800-669-4000 (National)
  • Local: 720-779-3610
  • TTY: 1-800-669-6820
  • ASL Video Phone: 1-844-234-5122
  • Email: info.dfo@eeoc.gov

Hours: 8:00 AM – 4:30 PM, Monday-Friday

How to file:

  1. Online: https://publicportal.eeoc.gov/ (recommended)
  2. Schedule interview: Phone, video, or in-person through Public Portal
  3. Walk-in: Denver office (appointment recommended)

Deadline: 300 days from discriminatory act (Colorado has worksharing agreement extending deadline from 180 to 300 days)

Coverage area: Colorado and Wyoming

What to expect:

  1. Intake interview with EEOC representative
  2. Assessment of jurisdiction
  3. Formal charge filing
  4. Investigation
  5. Mediation opportunity
  6. Determination (cause or no cause)
  7. Right to sue notice

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/denver/location

What is at-will employment in Colorado?

At-will employment means either the employer or employee can terminate the employment relationship at any time, for any lawful reason or no reason at all, without advance notice.

According to Colorado courts:

“In Colorado, an agreement of employment for an indefinite term is presumed to be at will. Either the employer or the employee may terminate at-will employment at any time with or without cause, and such termination generally does not give rise to a claim for relief.” (Wisehart v. Meganck, 66 P.3d 124, 126 (Colo. App. 2002))

What this means:

  • No job security guarantee
  • No requirement for cause to terminate
  • No requirement for advance notice (in most cases)
  • Employee can quit at any time
  • Employer can terminate at any time

Important exceptions:

  • Cannot terminate for discriminatory reasons
  • Cannot terminate in violation of public policy
  • Cannot breach employment contracts
  • Cannot violate collective bargaining agreements
  • Cannot retaliate for protected activities

Application to RTO: At-will employment generally allows employers to require return to office and terminate employees who refuse, subject to the exceptions listed above.

Source: Colorado case law
Citation: Wisehart v. Meganck, 66 P.3d 124 (Colo. App. 2002); Coors Brewing Co. v. Floyd, 978 P.2d 663 (Colo. 1999)

What is the difference between state employee and private sector RTO requirements in Colorado?

Colorado has different frameworks for state employees versus private sector employees regarding return to office requirements.

State Employees:

State government employees in Colorado are subject to Executive Order D 2022 029 and the Flexible Work Arrangements policy, which establishes a formal flexible work framework. The Governor and State Personnel Board set policies for state employees.

According to the Flexible Work Arrangements policy:

  • Remote work is permitted under the flexible work policy
  • The state provides necessary equipment for remote and hybrid work
  • Three workplace categories exist: State Workplace, Remote Workplace, and Hybrid Workplace
  • Policy applies to executive branch employees (excludes Higher Education, Judicial, and Legislative branches)
  • Policy recognizes the value of flexible work arrangements for work-life balance and productivity

Private Sector Employees:

Private sector employees operate under a completely different framework. Colorado has no state policy governing return to office requirements for private employers. Individual employers set their own workplace location requirements based on business needs.

Private sector employees are covered by:

  • At-will employment doctrine (employer discretion to set work location)
  • Colorado Anti-Discrimination Act (CADA)
  • Federal anti-discrimination laws
  • Reasonable accommodation requirements

Employers in the private sector determine:

  • Whether employees work remotely, in-office, or hybrid
  • What equipment, if any, to provide for remote work
  • Work location policies and requirements

Complaint Process Differences:

State employees may file complaints through:

  • State Personnel Board (for state employee-specific issues)
  • Colorado Civil Rights Division (for discrimination)
  • EEOC (for federal discrimination claims)

Private sector employees file complaints through:

  • Colorado Civil Rights Division (for state law violations)
  • EEOC (for federal law violations)
  • Civil court (for contract disputes, certain statutory violations)

Common Protections for Both Groups:

Despite these differences, both state and private sector employees share important legal protections:

  • Protection from discrimination based on protected classes (race, sex, disability, age 40+, religion, etc.)
  • Right to reasonable accommodations for disabilities
  • Protection from retaliation for requesting accommodations or filing complaints
  • Coverage under CADA (Colorado Anti-Discrimination Act)
  • Coverage under federal anti-discrimination laws

Source: Colorado Office of the State Controller and Colorado employment law

Can my employer change my remote work agreement?

Generally, yes, unless you have a written employment contract guaranteeing remote work.

Under at-will employment:

  • Employers can modify work terms and conditions
  • This includes workplace location
  • Changes can be made at any time
  • No advance notice legally required (though often provided)

Exceptions:

1. Employment Contract: If you have a written contract specifying remote work:

  • Employer must honor contract terms
  • Changes may constitute breach of contract
  • Review your contract carefully

2. Collective Bargaining Agreement: If you are union member:

  • Union contract terms control
  • Employer may need to negotiate changes
  • Contact your union representative

3. Disability Accommodation: If remote work was granted as reasonable accommodation:

  • Employer cannot simply revoke without reassessing
  • Must engage in interactive process
  • Can change only if no longer effective or poses undue hardship

4. Implied Contract: In rare cases, employee handbook or consistent practices may create implied contract:

  • Difficult to prove in Colorado
  • Courts generally favor at-will presumption
  • Consult employment attorney

Employee Handbook Disclaimers: Most employers include language stating:

  • Employment is at-will
  • Handbook is not a contract
  • Policies can change at any time

These disclaimers are generally enforceable in Colorado.

Source: Colorado at-will employment doctrine

What if my employer retaliates against me for requesting accommodation?

Retaliation for requesting reasonable accommodation is illegal under federal and Colorado law.

Prohibited retaliation includes:

  • Termination
  • Demotion
  • Pay reduction
  • Negative performance reviews
  • Discipline
  • Harassment
  • Creating hostile work environment
  • Any adverse employment action

Protected activities:

  • Requesting reasonable accommodation
  • Filing discrimination complaint
  • Participating in investigation
  • Opposing discriminatory practices
  • Asserting rights under CADA or ADA

According to CADA and federal law:

Employers cannot retaliate against employees for engaging in protected activities, even if the underlying accommodation request is denied or discrimination complaint is dismissed.

What to do if you experience retaliation:

  1. Document everything:
    • Dates, times, witnesses
    • Emails, text messages, other communications
    • Performance reviews before and after
    • Any changes in treatment
  2. File internal complaint:
    • Follow company’s complaint procedure
    • Put complaint in writing
    • Keep copies
  3. File with CCRD or EEOC:
    • Deadline: 300 days from retaliatory act
    • Retaliation is separate charge from underlying discrimination
    • You can file even if original complaint was dismissed
  4. Consult attorney:
    • Employment attorney can assess your case
    • May have both administrative and court remedies
    • Attorney fees may be available if you prevail

Source: Colorado Anti-Discrimination Act and Americans with Disabilities Act

Does Colorado have pending legislation on return to office?

As of December 22, 2025, searches of the Colorado General Assembly website reveal no pending legislation specifically addressing return to office mandates for private employers.

Legislative monitoring:

How to search for new bills:

Current 2025 session:

  • Search conducted: December 22, 2025
  • No bills identified mandating or regulating private sector RTO policies

Recent employment legislation:

The Colorado Legislature has been active in employment law, including:

  • HB 22-1367: Updates to Employment Discrimination Laws (passed 2022)
  • Various wage transparency requirements
  • Paid family and medical leave (FAMLI)
  • Equal Pay for Equal Work Act

However, none of these specifically address return to office requirements.

To stay informed:

  • Check Colorado General Assembly website regularly
  • Sign up for legislative alerts
  • Follow Colorado Department of Labor and Employment updates

Source: Colorado General Assembly
Available at: https://leg.colorado.gov/

What resources are available if I disagree with my employer’s RTO policy?

If you believe your rights are violated:

1. Request Reasonable Accommodation (if applicable):

  • If you have disability, pregnancy, or religious reason
  • Submit written request to HR or supervisor
  • Provide medical documentation if needed
  • Engage in interactive process

2. File Internal Complaint:

  • Use company’s complaint procedure
  • Document your concerns in writing
  • Keep copies of all communications

3. Contact Government Agencies:

Colorado Civil Rights Division (CCRD):

Colorado Department of Labor (CDLE):

EEOC Denver:

4. Consult Employment Attorney:

Colorado Bar Association Lawyer Referral Service:

Colorado Legal Services (for low-income individuals):

5. Consider Negotiation:

  • Request meeting with employer
  • Propose compromise (e.g., hybrid schedule)
  • Get agreement in writing if reached

Source: Colorado employment law resources

What is the deadline for filing discrimination complaints in Colorado?

Colorado Civil Rights Division (CCRD):

Employment discrimination: 300 days from notice of the discriminatory act

According to CCRD:

“Employment filing deadline: 300-day from notice of the act of alleged discrimination”

Housing discrimination: 1 year from the discriminatory act

Public accommodations discrimination: 60 days from the discriminatory act

CRITICAL: “After the statute of limitations has passed, the Colorado Civil Rights Division (CCRD) does not have jurisdiction over the allegations at issue. The CCRD does not have the authority to extend these statutorily-imposed filing deadlines, even when good cause or underlying exigent circumstances are demonstrated.”

U.S. Equal Employment Opportunity Commission (EEOC):

Federal discrimination complaints: 300 days in Colorado (due to worksharing agreement with CCRD)

Standard deadline: 180 days in states without Fair Employment Practice Agency

Colorado’s extended deadline: 300 days because Colorado is a “deferral state” with worksharing agreement

Important notes:

  • Filing with CCRD automatically cross-files with EEOC
  • Filing with EEOC automatically cross-files with CCRD
  • Do not delay – file as soon as possible
  • Calculation: Do not count the day the discrimination occurred; start counting the next day
  • Weekends and holidays: If deadline falls on weekend/holiday, next business day is deadline

Source: Colorado Civil Rights Division and EEOC
Available at: https://ccrd.colorado.gov/the-complaint-process

Others

Oregon
Montana
Wyoming
Hawaii

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current