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The Colorado CARE Act

Modernizing Workplace Protections for 600,000+ Family Caregivers

Overview: Workforce Infrastructure for the 21st Century

The Colorado CARE Act (Caregiver Accommodations and Rights Enhancement Act) modernizes the Colorado Anti-Discrimination Act (CADA) to include 'caregiver status' as a protected class, prohibiting employment discrimination against workers who provide direct, ongoing care to family members with chronic health conditions or disabilities.

This legislation addresses a critical gap in state law: currently, caregivers in Colorado have no explicit protection when they are terminated, denied promotion, or denied reasonable flexibility due to caregiving responsibilities. This lack of security leaves our workforce and families vulnerable.

The impact of the CARE Act extends beyond the workplace, generating an estimated $9–18 million in annual Medicaid savings by preventing premature institutionalization, while requiring zero new state appropriations.

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 as a protected class under CADA.

Definition of Protected Class: Caregiver status covers workers providing direct, ongoing care to family members with chronic conditions, disabilities, or age-related needs.

Prohibited Discriminatory Actions:

  • Termination, demotion, or denial of promotion based on caregiver status.
  • Refusal to hire based on caregiver status.
  • Retaliation for requesting accommodations.
  • Harassment or hostile work environment based on caregiver status.

Enforcement: Complaints are handled through the existing Colorado Civil Rights Division process.

Remedies: Back pay, reinstatement, and damages are available remedies.

Pillar II: Reasonable Accommodations Framework

Legal Standard: Employers must provide reasonable accommodations for caregiving responsibilities unless it causes undue hardship, using the ADA undue hardship framework.

Examples of Reasonable Accommodations:

  • Schedule flexibility.
  • Temporary remote work.
  • Adjusted or compressed hours.
  • Unpaid leave for emergencies.
  • Modified breaks for care coordination or medication.

What the Act Does NOT Require:

  • No guaranteed paid leave.
  • No exemption from performance standards.
  • No automatic approval of all requests.
  • No preferential hiring or promotion.
  • No requirement to create new positions or remove essential functions.

Interactive Process: Employees must disclose needs and request accommodations; employers engage in a good-faith interactive process with appropriate documentation.

Pillar III: Revenue Neutrality & Fiscal Framework

General Fund Appropriation Required: $0

Administrative Costs: Absorbed within existing CCRD operations; projected caregiver complaints per year.

Projected Annual Medicaid Savings: $9–18 million through prevention of premature nursing facility placement.

Cost Comparison per Individual:
Nursing facility: $75,000–$120,000/year vs HCBS + family care: $15,000–$25,000/year; net savings $50,000–$95,000 per prevented placement.

Implementation Timeline: Immediate upon passage, no additional rulemaking delay required.

TABOR Compliance: No new revenue, fees, or taxes; savings accrue through avoided institutional care costs.

Support the Colorado CARE Act

Sign the petition and tell your state legislators that caregiving is infrastructure.

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