Domestic workers — including people who care for children, tend gardens and clean other people’s homes — have new rights under a state law that went into effect this summer.

HB22-1367 officially says domestic workers are “employees,” just the same as those who work for a boss at an office or a factory. It went into effect Aug. 10.

That means nannies, gardeners and others are now protected by the state’s civil rights laws, according to employment attorney Rachel Ellis of Livelihood Law.

Domestic workers can now file complaints about discrimination and harassment with the Colorado Civil Rights Division. That could include racial discrimination or sexual harassment by a family hiring a babysitter, for example.

“Previously, there was nothing they could do about it. They weren’t covered in any way (by the civil rights division),” Ellis said. The change “gives you legal recourse. You would have an actual claim to try to negotiate, maybe, with the employee.”

That opens up several opportunities for workers. Many complaints are settled through mediation or a settlement. The CCRD can also intervene, putting pressure on an employer to resolve a complaint, perhaps by having the employer attend training.

The law does note, however, that employers may still intentionally hire a woman or man for a child care position.

The law was sponsored by four Democrats: representatives Susan Lontine and Matt Gray and senators Faith Winter and Brittany Pettersen.

The change helps to undo decades of...

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