C.R.S. § 24-34-601: Discrimination in places of public accommodation - rules.

(1) Repealed.

(2) (a) It is a discriminatory practice and unlawful for a person, directly or indirectly, to refuse, withhold from, or deny to an individual or a group, because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or, directly or indirectly, to publish, circulate, issue, display, post, or mail any written, electronic, or printed communication, notice, or advertisement that indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation will be refused, withheld from, or denied an individual or that an individual's patronage or presence at a place of public accommodation is unwelcome, objectionable, unacceptable, or undesirable because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry.

(b) Repealed.

(c) (I) An educational institution, including an elementary or secondary school and an institution of higher education, denies a person the full and equal enjoyment of a place of public accommodation when the educational institution:

(A) On the basis of one or more of the protected classes described in subsection (2)(a) of this section, excludes a student from participation in, denies a student the benefits of, or otherwise subjects a student to discrimination in any of the educational institution's programs or activities;

(B) Without a legitimate, nondiscriminatory, nonpretextual basis, and based on one or more of the protected classes described in subsection (2)(a) of this section, denies educational services, benefits, or opportunities to a student or group of students by treating them differently from a similarly situated student who is, or group of students who are, part of a different subgroup of students within the same protected class; or

(C) Has actual notice that a hostile environment based on one or more of the protected classes described in subsection (2)(a) of this section exists at the educational institution but fails to take prompt and effective steps reasonably calculated to eliminate the hostile environment, end the harassment that gave rise to the hostile environment, and prevent the harassment from recurring.

(II) In interpreting the standards in subsection (2)(c)(I) of this section, the division and the commission may consider federal nondiscrimination law as persuasive but nonbinding authority. State law governs in the case of a conflict between applicable state and federal law.

(III) The commission may adopt rules specific to complaints of discrimination involving educational institutions.

(2.5) It is a discriminatory practice and unlawful for any person to discriminate against any individual or group because such person or group has opposed any practice made a discriminatory practice by this part 6, because such person or group has requested reasonable accommodations on the basis of a person's disability, or because such person or group has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to this part 6.

(3) Notwithstanding any other provisions of this section, it is not a discriminatory practice for a person to restrict admission to a place of public accommodation to individuals of one sex if such restriction has a bona fide relationship to the goods, services, facilities, privileges, advantages, or accommodations of such place of public accommodation.

(4) As used in this section, unless the context otherwise requires, "nonprofit" means any person that is listed as an exempt organization in 26 U.S.C. sec. 501 (c) and that is exempt from taxation pursuant to 26 U.S.C. sec. 501 (a) of the federal "Internal Revenue Code of 1986", as amended.

(5) A nonprofit does not directly or indirectly participate or intervene in a political campaign merely by renting out space for a political event at the nonprofit's customary and usual rates.