In Colorado, a hostile work environment occurs when someone who belongs to a protected group is subjected to harassment based on protected characteristics. The harassment must be severe or pervasive enough to create an abusive working environment. The severity and frequency of harassment are key determinants of a hostile work environment.

Proving sexual harassment in the workplace requires evidence of unwelcome conduct that’s sexual or gender-based and that is severe or pervasive enough to alter working conditions. The conduct can be verbal, visual, or physical and can come from supervisors, coworkers, or customers. Generally, a pattern of harassment is necessary to prove a hostile work environment.

Racial discrimination in the workplace can be intentional or unintentional. Deliberate discrimination can look like harassment or unfair treatment based on race. Unintentional discrimination can occur when policies or practices seem fair but unfairly affect a specific group and can result from certain policies, job requirements, or seniority-based promotions.