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Colorado Revised Statutes Title 8. Labor and Industry § 8-2-132. Prohibition on employers--living organ donation--retaliation--adverse action--civil action--penalty for violation--definitions

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section, unless the context otherwise requires:

(a) “Adverse action” means:

(I) Demotion; reassignment to a lower-ranked position or to a position with a lower level of compensation; decrease in compensation level; denial of promotion; reduction in working conditions or perks, privileges, location, or status; or termination of employment; or

(II) Any other decision for employment purposes that adversely affects an employee that does not apply to other similarly situated employees or is applied differently to an employee who is a living organ donor.

(b) “Employee” means every person who may be permitted, required, or directed by any employer in consideration of direct or indirect gain or profit to engage in any employment.

(c) “Employer” means an individual or entity that:

(I) Transacts business in Colorado;

(II) At any time, employs another person to perform services of any nature; and

(III) Has control of the payment of wages or other compensation for such services or is the officer, agent, or employee of the person having control of the payment of wages or other compensation for such services.

(d) “Living organ donor” has the meaning set forth in section 25-59-103(5).

(e) “Organ donation recovery operation” has the meaning set forth in section 25-59-103(9).

(f) “Prohibited period” means:

(I) The thirty-day period before an employee's organ donation recovery operation, with respect to employee actions necessary for a successful organ donation recovery operation, as determined by a health-care provider performing or facilitating the organ donation recovery operation; and

(II) The ninety-day period after an employee has an organ donation recovery operation.

(2) An employer shall not intimidate, threaten, coerce, or in any manner discriminate or retaliate against or take any adverse action against an employee who is or becomes a living organ donor.

(3) Nothing in this section requires an employer to allow a living organ donor to take any unpaid leave that the living organ donor has not already accrued under the employer's existing policies applicable to similarly situated employees or that is not required under any other applicable law.

(4) There is a rebuttable presumption that an employer has engaged in an action described in subsection (2) of this section if the action is taken against an employee during the prohibited period. The employer must overcome the presumption by clear and convincing evidence that the prohibited act was taken for a lawful reason.

(5)(a) An employee who alleges a violation of this section may file a civil action in a court of competent jurisdiction against the employer alleged to have violated this section to seek legal and equitable relief as appropriate to remedy the violation, including:

(I) Back pay;

(II) Reinstatement of employment or, if reinstatement is not feasible, front pay;

(III) The payment of wages unlawfully withheld, including interest on those wages;

(IV) Monetary penalties;

(V) Fines;

(VI) Injunctive relief; and

(VII) Any other appropriate remedy.

(b) If the employee prevails in a civil action brought pursuant to this section, the court shall award the employee reasonable attorney fees and costs.

(c) Nothing in this section precludes an employee from asserting any other available statutory or common-law claims.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 8. Labor and Industry § 8-2-132. Prohibition on employers--living organ donation--retaliation--adverse action--civil action--penalty for violation--definitions - last updated January 01, 2025 | https://codes.findlaw.com/co/title-8-labor-and-industry/co-rev-st-sect-8-2-132/

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