Modern workplaces across the country continue to adapt to growing awareness around identity, personal dignity, and civil rights. An important part of adapting and respecting employees is using their preferred pronouns and names. Therefore, when supervisors or coworkers deliberately refuse to do so, workers in the Centennial State may wonder, “Can misgendering or deadnaming be workplace harassment in Colorado?”
Colorado employees may find themselves asking this question as workplace dynamics and legal standards evolve to safeguard individuals from identity-based mistreatment. Understanding how employment regulations address gender identity forms an essential foundation for workers seeking fair treatment. King Employment Law can provide detailed counsel to any Colorado employee who faces this type of discrimination.
Transgender Employees in the U.S. and Colorado by the Numbers
The Williams Institute has used health data to estimate the transgender population in the United States. The results include the following:
- An estimated 2.8 million people aged 13 and up in the United States identify as transgender.
- Of these individuals, 2.1 million are adults.
- Colorado is home to approximately 43,000 transgender individuals age 18 and up.
In 2022, it was reported that approximately 11% of transgender employees in Colorado experienced harassment in the past year because of their gender identity. Additionally, 31% of transgender workers reported dealing with mistreatment, like having someone at work spread private information about their gender.
Understanding Colorado Workplace Protections for Gender Identity
State statutes, such as § 24-34-601, establish clear gender discrimination laws designed to protect workers from identity-based discrimination. Employment rights in Colorado prioritize professional environments free from:
- Bias
- Intimidation
- Unlawful hostility
Regulations give employees the right to work without facing hostility about how they express their gender. From corporate offices in downtown Denver to businesses throughout the Front Range, staff members deserve respect regarding their affirmed names and pronouns.
The State’s Official Stance on Misgendering and Deadnaming
Colorado’s gender discrimination laws focus on patterns of behavior, context, and the impact on the employee. If a supervisor or coworker repeatedly uses the wrong pronouns or name after being corrected, the conduct may be considered discriminatory.
State legislation regarding workplace conduct in Colorado advanced significantly with the passage of HB25-1312, also known as the Kelly Loving Act. This act outlines protections for transgender individuals under the law. After this legislation was signed into law by the governor on May 16, 2025, it introduced the following:
- Explicit clarifications stating that protected gender expression encompasses an individual’s chosen name and how they choose to be addressed in the workplace, housing, and public accommodations
- Inclusion of intentional misgendering and deadnaming in the definition of coercive control, which courts keep in mind during family law decisions about child custody and parenting time
- Permissions for individuals to update any marriage or civil union licenses using their chosen name that reflects their identity, all while maintaining the original union date
Hire a Workplace Discrimination Lawyer
When employees feel isolated or targeted by misgendering or deadnaming that violates the Kelly Loving Act and other laws, they have the right to document their experiences and hire a skilled workplace discrimination lawyer. A professional can evaluate whether the behavior meets the legal threshold for harassment. They can also explain how gender discrimination penalties, like civil claims or fines, may apply under Colorado laws.
Navigating complex employment cases requires strategic guidance and thorough legal analysis. When an employee decides to hire a workplace discrimination attorney, they gain a dedicated advocate who can:
- Analyze documentation.
- Work with administrative bodies.
- Construct a compelling case.
Selecting a skilled Colorado workplace discrimination attorney allows individuals to effectively assert their statutory rights while safeguarding their professional reputations. Legal representatives can:
- Evaluate potential damages.
- Pursue financial compensation for lost wages or emotional distress.
- Demand policy updates within non-compliant organizations.
Turn to King Employment Law
At King Employment Law, our attorneys and staff maintain a steadfast commitment to employee rights across Colorado. Our team has extensive knowledge of state civil rights codes, federal laws, and administrative agency procedures. Our firm brings effective litigation strategies to every client matter handled in the Denver District Court at 1437 Bannock Street and other area venues. We have also represented many clients in federal courts.
By offering individualized counsel and rigorous investigation, we represent employees facing unlawful discrimination, harassment, and retaliation in pursuing meaningful remedies under state and federal law. While past settlements don’t guarantee future results, clients can count on us to present an accurate and compelling case that rightfully defends their identity. Throughout each case we take, we pursue workplace fairness and equality for our client.
FAQs
Is Misgendering Workplace Harassment in Colorado?
Misgendering can be workplace harassment in Colorado when it occurs repeatedly and intentionally after an employee specifies their correct pronouns. If an employer, manager, or coworker consistently refuses to use an employee’s preferred pronouns, they are creating an intimidating or hostile work environment. Colorado employment laws protect workers from such ongoing misconduct.
What Is Considered Harassment at Work in Colorado?
In Colorado, harassment at work includes unwelcome conduct based on protected characteristics, like gender identity, race, or disability. Conduct qualifies as harassment when:
- Submitting to it becomes a term of employment.
- The behavior creates a hostile, offensive, or intimidating environment that unreasonably interferes with work performance or degrades employee dignity.
Can I Be Forced to Use Pronouns at Work in Colorado?
In general, a worker can’t be forced to use pronouns at work in Colorado. However, an employer could establish a professional conduct policy that encourages or requires workers to engage in respectful communication, including using a colleague’s stated pronouns. These kinds of policies would have to align with broader civil rights protections.
Can Employers Be Held Liable If Coworkers Misgender or Deadname an Employee in Colorado?
Yes, employers can be held liable if coworkers misgender or deadname an employee in Colorado. However, this is usually only possible if they knew about or reasonably should have known about such behavior but did not take any prompt, effective corrective action. Under Colorado law, organizations must maintain reasonable internal reporting procedures and actively address identity-based hostility once they find out about it.
Take Action to Protect Your Workplace Rights
Nobody should endure targeted harassment, identity denial, or hostility at work. If you face persistent misgendering, deadnaming, or unfair treatment based on gender identity in Colorado, contact King Employment Law today to schedule a confidential legal consultation. We can review your case and guide you through your options under the law.
