Construction Law in Colorado

Can I Fire This Empoloyee Based On Off-Duty Conduct?

By Jim Goh, partner, Holland & Hart LLP.

The Colorado Anti-Discrimination Act (CADA) prohibits employers from, among other things, firing employees for engaging in lawful, off-duty, off-premises activities.  While this provision of CADA was originally passed to prevent employers from firing smokers, employees have used the provision to challenge their discharge for a variety of other lawful, off-duty activities, such as engaging in unpopular political activities or in homosexual relationships.  And while originally believed to protect employees from discharge only for off-duty conduct unrelated to their jobs, on October 16, 2008, the Colorado Court of Appeals expanded the scope of protections and held that the provision also protects employees from discharge due to job-related whistleblowing.

Major Developments in Colorado Insurance Coverage Law

By Joe Ramirez

Insurance coverage litigation and construction defects seem to go hand in hand in Colorado. And this summer has produced some of the most significant changes in insurance coverage litigation in Colorado in decades. First, the State Legislature amended Colorado’s Unfair Claims Practices Act to provide policyholders with substantial remedies against insurers who unreasonably delay or deny benefits under an insurance policy. The statute provides much needed help for policyholders who are forced by their insurers to litigate claims to obtain coverage. Meanwhile, the Colorado Court of Appeals ruled in favor of property insurers who use Anti-Concurrent Causation language in their exclusions. The decision is extremely important for businesses who own and insure real or personal property; such businesses must be vigilant against such language in their commercial property policies. Finally, the Court of Appeals ruled that lawyers who represent clients on behalf of an insurance company have a duty to recommend independent counsel where the client’s interests conflict with the insurers. All of these developments have changed the landscape of insurance coverage litigation in Colorado.