The Three Pillars of the CARE Act
Pillar I: CADA Modernization
Legislative Mechanism:
Amend C.R.S. § 24-34-401 et seq. to add 'caregiver status' to the list of protected classes under the Colorado Anti-Discrimination Act.
Definition of Protected Class:
'Caregiver status' means an individual's responsibility for providing direct and ongoing care to a family member (as defined by existing FMLA standards) who has a chronic, serious health condition, disability, or age-related care need.
Prohibited Discriminatory Actions:
• Termination, demotion, or denial of promotion based on caregiver status
• Refusal to hire or consider for employment based on caregiver status
• Retaliation against employees who request reasonable accommodations
• Harassment or creation of hostile work environment based on caregiver status
Enforcement:
Complaints would be processed through the existing Colorado Civil Rights Division mechanisms, using established procedures for investigation, mediation, and resolution. No new enforcement agency or bureaucracy is required.
Pillar II: Reasonable Accommodations Framework
Legal Standard:
Employers must provide reasonable accommodations for caregiving responsibilities unless such accommodations impose undue hardship on business operations. 'Undue hardship' defined using existing ADA framework.
Examples of Reasonable Accommodations:
- Schedule flexibility for medical appointments and acute care needs
- Temporary remote work during care transitions or medical crises
- Adjusted work hours or compressed work schedules
- Unpaid leave beyond FMLA for caregiving emergencies
- Modified break schedules for medication management or care coordination
What the CARE Act Does NOT Require:
- Guaranteed paid leave (accommodations may be unpaid)
- Exemption from performance standards or productivity requirements
- Automatic approval of all accommodation requests
- Preferential treatment in hiring or promotions
- Creation of new positions or fundamental alteration of job duties
Interactive Process:
Mirrors ADA accommodation process—employees must disclose caregiver status and request specific accommodation. Employers must consider requests in good faith, engage in interactive process to identify feasible options, and document business justification if denying accommodations.
Pillar III: Revenue Neutrality & Fiscal Framework
General Fund Appropriation Required: $0
Administrative Costs:
Absorbed within existing Colorado Civil Rights Division operations. CCRD currently processes 3,000+ complaints annually across all protected classes. Projected caregiver discrimination complaints: 80-150 annually.
Projected Annual Medicaid Savings: $9-18 Million
Mechanism: Prevention of 120-200 premature nursing facility placements annually
Cost Comparison per Individual:
- Nursing facility (Medicaid-funded): $75,000-120,000/year
- HCBS waiver + family care: $15,000-25,000/year
- Net savings per prevented placement: $50,000-95,000/year
Implementation Timeline:
Immediate upon passage. No rulemaking delay required—CCRD incorporates caregiver status into existing complaint intake and enforcement procedures.
TABOR Compliance:
Act requires no new revenue generation. Savings accrue to Medicaid program through avoided institutional care costs. No fees, taxes, or assessments imposed.
Who Is Protected by the CARE Act
✅ Who IS Protected
The CARE Act protects employees who:
- Provide direct and ongoing care to a family member (spouse, domestic partner, parent, child, sibling, grandparent, or individual with significant personal relationship)
- Care recipient has a chronic, serious health condition, disability, or age-related care need requiring assistance with activities of daily living (ADLs), instrumental activities of daily living (IADLs), or medical care coordination
- Employee's caregiving responsibilities are ongoing (not isolated incidents)
Examples of Protected Caregiving:
✓ Adult child managing parent's dementia care and medical appointments
✓ Parent caring for child with autism or developmental disability
✓ Spouse coordinating care for partner with chronic illness (cancer, MS, ALS, etc.)
✓ Adult caring for aging parent requiring assistance with medication management, mobility, or daily living activities
✓ Employee balancing work with care for family member post-hospitalization or during medical crisis
❌ Who is NOT Protected
The CARE Act does NOT protect:
- Employees whose caregiving responsibilities are temporary, occasional, or informal without ongoing care responsibilities
- Situations where the care recipient does not have a chronic, serious health condition, disability, or age-related care need
- General household tasks or errands that are not tied to a documented care need
- Personal preference for flexible work unrelated to caregiving responsibilities
- Requests that fundamentally alter job duties or eliminate essential job functions
Examples that are NOT Protected:
❌ Occasional help for a neighbor without an established caregiving relationship
❌ Preference for remote work not connected to a documented care need
❌ Requests to avoid core job responsibilities under the label of caregiving
❌ One-time or short-term favors that do not establish ongoing caregiving responsibilities
How It Works: Real-World Scenarios
Scenario 1: Schedule Flexibility Request
"My mother has Alzheimer's. I need to adjust my schedule to 7am-3pm instead of 9am-5pm so I can manage her evening care routine."
✅ Employer Response (Compliant): Reviews operational needs, determines 7am-3pm is feasible with adjusted team coverage. Approves accommodation.
✅ Employer Response (Also Compliant): Determines customer-facing role requires 9am-5pm coverage, but offers hybrid remote work 2 days/week to reduce commute time and provide flexibility. Employee accepts alternative.
❌ Employer Response (Non-Compliant): "We don't do special schedules. If you can't work 9-5, we'll need to replace you." → Potential CADA violation.
Scenario 2: Intermittent Leave Request
"My husband has MS. I need occasional unpaid leave for his medical appointments and care transitions."
✅ Employer Response (Compliant): Approves intermittent FMLA leave and documents process for requesting time off with reasonable notice. No adverse employment action taken.
❌ Employer Response (Non-Compliant): 'You've missed too many days. We're putting you on a performance improvement plan.' (when absences are related to caregiving and employee has requested accommodation) → Potential CADA violation.
Scenario 3: Performance Standards
"Employee requests schedule flexibility. Employer approves. Employee's productivity declines significantly due to factors unrelated to accommodation."
✅ Employer Response (Compliant): Documents performance issues separate from accommodation, follows progressive discipline process, terminates if performance doesn't improve. → Lawful termination (performance-based, not caregiver status-based).
Note: The CARE Act does not exempt employees from performance standards. Employers can still enforce productivity requirements and terminate for legitimate performance issues unrelated to the accommodation itself.
Frequently Asked Questions
Does this require employers to provide paid leave?
No. The CARE Act requires reasonable accommodations, which may include unpaid leave, schedule adjustments, or remote work. It does not mandate paid time off beyond existing state/federal requirements.
What if an accommodation would hurt my business?
Employers can deny accommodations that create 'undue hardship'—significant difficulty or expense relative to business size and resources. This is the same standard used for disability accommodations under the ADA.
How is this different from FMLA?
FMLA provides unpaid leave for specific family/medical situations but doesn't prohibit discrimination or require ongoing accommodations. The CARE Act prohibits discrimination based on caregiver status and requires reasonable accommodations—complementing, not replacing, FMLA.
Will this increase frivolous lawsuits against employers?
The CARE Act uses the same complaint process, burden of proof, and legal standards as existing CADA protections. Employers retain all defenses (undue hardship, legitimate business necessity, performance-based decisions). Colorado's CCRD already screens complaints for merit before investigation.
What if someone lies about being a caregiver to get special treatment?
Employers can request documentation of care recipient's condition and caregiving responsibilities. Fraudulent claims are subject to dismissal and potential legal consequences, just like fraudulent claims under any protected class.
Does this apply to small businesses?
The CARE Act applies to employers covered by CADA (generally 1+ employees for certain protections, 15+ for others). Undue hardship analysis accounts for employer size—small businesses have lower bar for demonstrating hardship than large corporations.
What happens if a caregiver's needs conflict with operational requirements?
Employer and employee engage in interactive process to find feasible alternative accommodations. If no reasonable accommodation exists without undue hardship, employer can deny request. The CARE Act doesn't require employers to fundamentally alter business operations.
How much will this cost employers?
Most accommodations (schedule flexibility, remote work options) cost little to nothing and reduce turnover costs. Employers save on recruitment, training, and lost productivity when retaining experienced workers. Studies show accommodation costs average $500 or less per employee.
Why is this needed if we already have FMLA and ADA?
FMLA only covers specific leave periods, not ongoing accommodations. ADA only protects the employee's own disability, not caregiving for others. Neither prohibits discrimination based on caregiver status. The CARE Act fills these gaps.
When would this take effect?
The CARE Act would take effect immediately upon passage. No implementation delay or rulemaking period required—CCRD incorporates caregiver status into existing complaint intake and enforcement procedures.
Available Resources
Comprehensive policy documentation for legislative offices, coalition partners, and media