Right to Be Out at Work

An employer must provide private, nonbathroom spaces for nursing or pumping, which spaces are available to all parents regardless of their sexual orientation, gender identity, or gender expression.An employer must ensure equal access to certain employment benefits without regard to an employee's sexual orientation, gender identity, or gender expression.The bill requires every public employer to provide a voluntary, employee-initiated process for the development and implementation of a written transition plan for a transgender or transitioning employee. Upon request by an employee, a public employer shall promptly engage in good faith discussions with the employee, and, if applicable, the employee's designated union representative, to develop a transition plan. A transition plan may include consideration of:Internal and external communications regarding the employee's transition;Scheduling and approval of any absences related to the transition process;Procedures for updating and using the employee's chosen names, pronouns, and personal titles in employment contexts; andTraining or educational opportunities for coworkers, students, or other stakeholders to promote understanding of the experiences in the workplace of transgender individuals and individuals who are transitioning.An employee of a private employer may request to collaborate with their employer to develop and implement a transition plan.The bill requires an employer to permit an employee to use the employee's available sick or personal leave time for the purpose of changing the employee's legal name or obtaining gender-affirming medical care, including recovery time.The bill requires a public employer to provide annual training to all employees regarding inclusive workplaces and support for LGBTQ+ employees. The department of labor and employment (department), in consultation with labor unions and LGBTQ+ advocacy organizations, must develop and make available training materials for this purpose.The department may receive and investigate complaints alleging violations, issue findings and orders to provide relief, and refer cases involving egregious or willful violations to the Colorado civil rights division or to the attorney general. The types of relief that the department may order include a fine in an amount not to exceed $5,000 for each violation.The department is required to adopt rules to implement and enforce the bill.The bill takes effect June 1, 2028.(Note: This summary applies to this bill as introduced.)