Statutes Governing IT Accessibility in Colorado

State

Recent Legislation Overview

Colorado House Bill 21-1110 - Colorado Laws For Persons With Disabilities

• Made IT accessibility a civil right in Colorado under the Colorado Anti-Discrimination Act (CADA).
• Requires state agencies to make their IT infrastructure accessible by July 1, 2024.
• Instituted fines of $3,500 per plaintiff per product for accessibility issues. The plaintiff must be a person with disabilities. These fines are in addition to other remedies available under Colorado law.
• Aligned State of Colorado Accessibility Standards to the most recent version of the Web Content Accessibility Guidelines (WCAG). That is currently version 2.1, level A and AA conformance.
• Created the Governor’s Office of Information Technology (OIT), Technology Accessibility Program (TAP).

Colorado Senate Bill 23-244 - Technology Accessibility Cleanup

• Clarifies statutory language to ensure the provision of reasonable accommodations for persons with disabilities.
• Requires the Office of Information Technology (OIT) to promulgate rules regarding accessibility standards for an individual with a disability for information technology systems employed by state agencies.
• Clarifies language regarding sanctions for failing to comply with accessibility standards.
• For more information, see the SB23-244 Fact Sheet.

Colorado House Bill 23-1032 - Remedies Persons With Disabilities

• Prohibits an individual with a disability from being excluded from participation in, or denied the benefits of services, programs, or activities provided by a place of public accommodation.
• An individual with a disability is entitled to a court order requiring compliance with applicable provisions along with either actual monetary damages or a statutory fine.

Colorado Revised Statutes

The statues listed below do not account for the totality of the Colorado Revised Statutes pertaining to people with disabilities and IT accessibility. Contact the Colorado Attorney General’s Office and/or the Colorado Civil Rights Division for more information.

C.R.S. § 24-85-101 et seq

OIT has statutory authority in C.R.S. §24-85-101, et seq., to establish statewide information technology accessibility standards, to receive and review accessibility plans from state agencies, and to work with state agencies to create an implementation methodology.

Colorado Anti-Discrimination Act (CADA) - Persons With Disabilities - Civil Rights

The Colorado Anti-Discrimination Act makes it illegal for any person to discriminate against an individual with a disability (C.R.S. §24-34-801, et seq.). House Bill 21-1110 expanded this prohibition by defining discrimination to include two standards:

(1) It is discrimination to exclude an individual with a disability from participation in or being denied the benefits of services, programs, or activities provided by any Colorado government entity.

(2) It is discrimination for any Colorado government entity to fail to fully comply with accessibility standards developed by OIT by July 1, 2024.

Federal

The two acts listed below do not account for the totality of the federal statutes pertaining to people with disabilities and IT accessibility. For more information, review the U.S. Department of Justice’s Guide to Disability Rights Laws.

Section 504 of the Rehabilitation Act of 1973

Section 504 requires agencies to provide individuals with disabilities an equal opportunity to participate in their programs and benefit from their services, including the provision of information to employees and members of the public. This law applies to entities receiving federal assistance.

Titles I and II of the Americans with Disabilities Act of 1990 (ADA)

The ADA is a federal law protecting qualified individuals with disabilities from discrimination. This law applies to all state and local government agencies.