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Terms contained in this section shall be as defined by reference to C.R.S. § 24-34-401. It shall be a discriminatory or unfair employment practice to engage in any of the prohibited practices set out in C.R.S. §§ 24-34-402 and 24-34-402.5 or:

(1) For an employer to refuse to hire, to discharge, to promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, because of sex, national origin, religion, ancestry, race, creed or color.

(2) For an employment agency to refuse to list and properly classify for employment or to refer an individual for employment in a known available job for which such individual is otherwise qualified because of sex, national origin, religion, ancestry, race, creed or color or to comply with a request from an employer for referral of applicants for employment if the request indicates, either directly or indirectly, that the employer discriminates in employment on account of sex, national origin, religion, ancestry, race, creed or color.

(3) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for employment or membership or to make any inquiry in connection with prospective employment or membership which expresses, either directly or indirectly, any limitation, specification or discrimination as to sex, national origin, religion, ancestry, race, creed or color, or intent to make any such limitation, specification or discrimination, unless such inquiry is necessary to establish a bona fide occupational qualification for the intended position or is required by and given to an agency of government for security reasons.

(4) For any person, whether or not an employer, an employment agency, a labor organization, or the employees or members thereof, to aid, abet, incite, compel or coerce the doing of any act defined in this section to be a discriminatory or unfair employment practice or to obstruct or prevent any person from complying with the provisions of this article or any order issued under this article or to attempt, either directly or indirectly, to commit any act defined in this section to be a discriminatory or unfair employment practice.

(5) For any employer, vocational school or any other agency providing, coordinating or controlling apprenticeship programs or providing, coordinating or controlling on-the-job training programs or other instruction, training or retraining programs to:

a. Deny to or withhold from any qualified person because of his or her sex, national origin, religion, ancestry, race, creed, or color the right to be admitted to or participate in an apprenticeship training program, on-the-job training program, or other occupational instruction, training or retraining program.

b. Discriminate against any qualified person in his or her pursuit of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs because of sex, national origin, religion, ancestry, race, creed or color.

c. Print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, specification or discrimination as to sex, national origin, religion, ancestry, race, creed, or color or any intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification.

(6) For any private employer who has contracted with an employment agency the responsibilities for recruiting, testing and evaluating applicants for employment to refuse or provide the identity of the employment agency to any person who makes direct contact with the private employer, but an employer shall not be deemed to have violated the provisions of this section if such employer retains one or more employment agencies as exclusive suppliers of personnel.

(7) Notwithstanding any provisions of this section to the contrary, it shall not be a discriminatory practice for the human resources department to ascertain and record the age, sex, race, creed, color or national origin of any individual for the purpose of making such reports as may be required by law to agencies of the federal or state government only. Such records may be made and kept in the manner required by the federal or state law, but no such information shall be divulged by such department to prospective employers as a basis for employment, except as provided in this subsection. (Code 1979, § 20-6; Ord. No. 2005-04, § 5, 2-28-2005; Ord. No. 95-53, exhibit A (§ 20-6), 9-11-1995)