Harassment Laws in Colorado: An Overview
Colorado harassment laws are designed to protect individuals from unwanted aggressive conduct that creates a hostile or intimidating environment. Protecting citizens from harassment is an important societal objective that has been codified as law to keep the peace in society. However, creating an environment where people do not feel threatened or intimidated is often more complicated than legislators anticipated.
Harassment laws vary by state as do the definitions of harassment. Many state laws define harassment in the context of employment, while others apply to general social behavior. Colorado harassment laws apply to both the workplace and non-workplace settings.
Harassment can be identified as physical or psychological. Physical harassment can be violent or violent. Psychological harassment includes threats and intimidation, which may or may not involve violence. Psychological harassment may be workplace or non-workplace. In the workplace, harassment may occur as bullying or mobbing. Non-workplace bullying does occur when children and young people bully other kids. Cyber bullying is pervasive and may occur at any age. Again, each state has different laws regarding bullying.
Colorado follows the U.S. Court ruling in Utah v. Evans. U.S.C. 18-9-111(1)(k), provides every individual with the following rights: Any act or expressed intent to annoy, abuse, threaten, or terrorize another individual. The state of Colorado defines harassment as intentionally annoying or harassing someone after being given notice to stop, and makes it a class one petty offense. The most significant difference between harassment and bullying is intent. Harassment may not be intentional. The main difference between harassment and bullying is that bullying is intentional. In bullying, the aggressor intends to hurt or intimidate the victim . Harassment may be unintentional. Bullying is often physical or psychological. Harassment can be physical, psychological, or sexual. Bullying may also include sexual harassment because bullying is not restricted to gender-based assault. Bullying can be either a single event or on-going.
In Colorado, all harassment is treated as a petty offense unless caused by stalking, intimidation of witnesses or victims of crimes, or stalking of protected persons. These offenses are classified as misdemeanor or felony. Harassment can occur through the courts under the Protection from Stalking Act or as domestic violence. It is important to acknowledge that Protection from Stalking Act is separate from the Colorado Anti-Stalking and Stalking Protection Order Act. Protection from Stalking Act permits a victim of harassment to create a public record of harassment through a civil court order under Title 13 of Colorado Revised Statutes.
An individual who has been harassed may file for a protection order prohibiting future harassment. This civil order is separate from criminal proceedings. The Protection of Victims of Crimes Act enables a victim of a crime to apply for a restraining order prohibiting future contact or harassment against them. Victim protection orders differ from protection from harassment or stalking in that they are based on a conviction of a crime and address future harassment, not past harassment.
In Colorado, the Judge sets the terms of the protection. Violation of the protection order is a criminal offense. In some cases, domestic violence protection orders may be in effect. A domestic violence protection order prohibits a perpetrator from contacting the victim, but a protection from harassment protection order can prohibit future events and activities.
How Colorado Law Defines Different Types of Harassment
Looking to better understand the various forms of harassment recognized under our state’s anti-harassment laws? Read on:
Harassment at Work
"Employment harassment" or "workplace harassment" typically refers to a situation where an employee is subjected to unwanted and derogatory comments or visual displays based on his/her membership in a protected class—for example, employees who are subjected to racial slurs and epithets; offensive gender- or age-based jokes; or constant teasing about their disability.
Workplace harassment is illegal under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act and Colorado law, which prohibits discrimination based on race, color, sex, sexual orientation, religion, national origin, language and disability. Professional harassment—not limited to the workplace—can also be investigated and adjudicated by the Colorado Civil Rights Division (CCRD).
Nuisance Harassment
Legal "nuisance harassment"—or "nuisance orders"—is a lesser known yet important legal development that was specifically designed to provide local governments with the means to restrict criminal activity related to and/or resulting in increased police intervention within a specific location.
As an example, telltale signs that a particular establishment—for the purpose of this example, a bar—is allegedly contributing to a public nuisance may include a high level of noise, it being a popular hangout for known criminals, or incidents where violence (including disorderly conduct) or drugs/alcohol are reported by the police.
If the purported activity or alleged public nuisance occurs within the following timeframes, which are defined by statute, it may be the basis for a court order that requires the business owner to reduce or eliminate the allegedly unlawful activity or discontinue the operation of the business altogether:
Colorado law authorizing courts to issue nuisance orders gives law enforcement officers greater ability to close down a bar or another business and even arrest patrons who frequent them for inappropriate behavior or unruly conduct within their premises and immediate surrounding area.
Sexual Harassment
There are two main forms of sexual harassment: quid pro quo and hostile environment sexual harassment. Quid pro quo sexual harassment typically occurs when an employer requests sexual favors from an employee in exchange for some tangible benefit—such as promotion, pay increase or a raise. In Colorado, quid pro quo harassment is prohibited by state law. Whether or not any financial compensation ultimately changes hands, quid pro quo sexual harassment is illegal and punishable through fines and/or litigation.
Cyber Harassment
Also known as cyberstalking, this offense is one of the most prevalent and, arguably, one of the most disturbing—and intrusive—forms of harassment. Cyber harassment or cyberstalking refers to any stalking and/or harassment that occurs online or via a device like a smartphone. Cyberstalking can occur in any form; it can include (but is not limited to) sending malicious or threatening messages via email or text, harassing videos or photos onto social media, hacking into a person’s private email account to read his/her emails, impersonating someone online, and using social media or email accounts to spread malicious rumors.
Legal Penalties for Harassment Under Colorado Law
In Colorado, there are two statutes that discuss criminal harassment: C.R.S. 18-9-111 (misdemeanor harassment) and C.R.S. 18-9-121 (felony stalking). While the two laws overlap slightly, they partially address separate categories of behavior.
Harassment is a Class 2 misdemeanor, meaning you face up to three months in county jail and/or a fine of up to $250. It is covered by C.R.S. 18-9-111 and says it is harassment "if, with intent to harass, annoy, intimidate, or alarm another person, he or she…(a) strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; (b) in a public place, insults, taunts, or challenges another in a manner likely to provoke a violent or disorderly response; (c) follows a person in or about a public place or places; (d) peeks in the window or otherwise looks into a dwelling or other occupied structure of another; (e) enters or remains upon the property of another; (f) makes an offensively coarse utterance, utterance in a coarse and offensive manner, or makes an offensively coarse gesture to another; (g) initiates communication with another, either in writing or by telephone, in a manner intended to threaten, intimidate, or embarrass the other person; (h) anonymously delivers to another person any letter, payslip, goods, property, package, or other writing or thing; (i) causes another by means of electronic mail or computer-worn communication, as defined in section 18-9.5-102(3.5), to view, read, or hear a lascivious, threatening, or offensive picture, image, or other communications."
Stalking is a Class 5 felony, meaning you face one to three years in prison and/or a fine of up to $100,000. It is covered by C.R.S. 18-9-121 and says it is stalking "if: (a) directly, or indirectly through third parties, the person knowingly engages in the following behavior directed at another person: (I) following the other person; (II) lying in wait for the other person; (III) maintaining a visual or electronic surveillance of the other person; (IV) entering property or occupied structure owned, leased, or occupied by the other person without proper authorization; (V) contacting the other person by any means including, but not limited to, in-person contact, an electronic communication, or a telephone call; (VI) sending an object to, leaving an object for, or installing an object upon the property of the other person; (VI) mailing, delivering, or causing to be delivered an object to the other person; (VII) placing an object on or sending an object to the property of the other person; (VII) any act of communication in any form at any place including, but not limited to, by telephone, electronically, or by a third party; and (b) such behavior is done without the other person’s consent and in a manner that would cause a reasonable person to suffer serious emotional distress."
Victim Rights and Protections Against Harassment
A victim of harassment in Colorado has several rights and legal protections, which can help ensure their welfare and right to pursue criminal charges against individuals who violate Colorado harassment laws. For example, victims of harassment should be made aware that they are entitled to file a report with police if they feel threatened, and if need be, victims may seek a protection order as a means of preventing the harassment from continuing.
In Colorado, any person who feels their safety is at risk due to harassment may file an application for a temporary civil protection order. Once filed, the order will be reviewed by a judge, who may issue said order on the same day they are requested. This order, once issued, can be served on the harassing party by the local sheriff’s department. The protection order can take the form of a notice or a restraining order; both of which will prevent the offender from contacting the victim, communicating where they live, travel, or work, and any other forms of communication, such as phone calls, text messages and email .
It is important to point out that these protection orders are able to prevent the person who harassed them from further harassment, but they cannot prevent the harassment from occurring in the first place. Therefore, it is a good idea to be proactive in the protection from harassment, and note any instance of communication or contact by the harassing party. This will not only allow you to file a better police report or application for a protection order, but also document how pervasive the harassment has been, allowing you to seek expanded protections.
If someone has committed these acts against you, you may be able to file a protective order. If another person has done this to you and then has… You can access additional information about the protection orders available to victims of harassment through the Colorado Court’s Website. Any person interested in seeking further protection from harassment in Colorado should be encouraged to speak with a skilled and competent criminal defense attorney.
Reporting Harassment in Colorado
We understand that experiences can be difficult to reconcile and even more difficult to report. Unfortunately, for some individuals this means that it is tempting to keep quiet rather than expose themselves to the possible embarrassment or scorn of others. However, the process of reporting harassment in Colorado is the same as reporting most crimes. Here is a quick overview of how to report a claim:
First, both Title VII of the Civil Rights Act of 1964 and the Colorado Anti-Discrimination Act are strongly in favor of an employee’s rights to report harassment or discrimination. If you are hesitant to report harassment or discrimination for fear of retaliation or scorn it is important to remember that retaliation for reporting such issues is illegal!
Once you have made the decision to report the harassment or discrimination it is time to act. You may first contact the individual’s employer and attempt to resolve the issue at the employer level. If that does not prove to be effective, you can report harassment to one or any of the following government entities:
• The Equal Employment Opportunity Commission
• Colorado Civil Rights Division
• Your local law enforcement agency
It is also a good idea to review the company’s sexual harassment and anti-discrimination policies and procedures. Most employers have policies and procedures in place to assist if and when such issues arise.
Once it has been determined where to locate information regarding the procedures for filing a complaint, you will need to gather evidence. Evidence may include:
• The names and contact information for any witnesses who observed the behavior
• Any emails or other correspondence that demonstrate the behavior
• Pictures or video of the behavior
• A personal statement
After gathering evidence and writing a personal statement you may file a charge of discrimination with the EEOC and/or the CRD. Typically, the EEOC and CRD prefer that all discrimination charges be filed in person. In order to file a claim in person, you must schedule an appointment with your EEOC or CRD field office. To do so, you may either call the local office listed on EEOC.gov or the CRD office located on the Colorado CRD website.
Preventing Harassment
Organizations can implement several preventive measures to minimize the risk of harassment. Examples include:
Harassment policy: In compliance with the Colorado Anti-Discrimination Act, a harassment policy must include a clear, anti-harassment statement that includes a prohibition of harassment and a definition of prohibited conduct. The harassment policy must also include a complaint and investigation procedure that includes time limits for filing a complaint and for investigating the complaint. Anti-retaliation: Harassment prohibits retaliation against an employee for engaging in a protected activity, as well as for an employee’s opposition to an unlawful employment practice or for filing a charge with a local , state, or federal anti-discrimination agency, such as the EEOC. A statement prohibiting retaliation should thus be included in the harassment policy. Transparency: Transparency and transparency training can also help prevent harassment. In Colorado, employers that have a workforce size of 50 or more employees are required to provide sexual harassment education for all new employees and existing employees every two years. Resources, policies. An organization should provide resources and policies as resources that are publicly available via its corporate website. Implementing an anonymous reporting system (e.g., a hotline) for employees and individuals to report incidents of harassment is also effective.