Category Archives: Employment

October 21, 2008

Can I Fire This Empoloyee Based On Off-Duty Conduct?

By Holland & Hart LLP’s labor and employment group.

The Colorado Anti-Discrimination Act (CADA) prohibits employers from, among other things, firing employees for engaging in lawful, off-duty, off-premises activities.  While this provision of CADA was originally passed to prevent employers from firing smokers, employees have used the provision to challenge their discharge for a variety of other lawful, off-duty activities, such as engaging in unpopular political activities or in homosexual relationships.  And while originally believed to protect employees from discharge only for off-duty conduct unrelated to their jobs, on October 16, 2008, the Colorado Court of Appeals expanded the scope of protections and held that the provision also protects employees from discharge due to job-related whistleblowing.