Throughout his tenure, Williams kept his sexual orientation secret, even to the point of displaying a photograph of a supposed girlfriend on his desk. He received several promotions over the next twelve years, ultimately becoming a captain. His performance evaluations were consistently exceptional. ♦ Facts Williams began his career with CSP in 1998 as a trooper. Then CSP appealed and Williams cross-appealed to this court. Both parties appealed and the Board affirmed. ♥ After another evidentiary hearing, the ALJ issued an amended order awarding Williams $172,742 in back pay and $595,526 in front pay. The Board then remanded the case for the ALJ to determine remedies. It affirmed all of the ALJ’s conclusions and findings except for one: that CSP’s culture was anti-gay. ♤ CSP appealed the initial decision to the Board.
She awarded Williams front pay in lieu of reinstatement, back pay, attorney fees, and costs in amounts to be determined following action by the Board. ♣ After a five-day evidentiary hearing, the ALJ issued an initial decision with detailed factual findings that concluded that CSP’s 1 actions were arbitrary, capricious, and constituted unlawful discrimination based on sexual orientation. The Board referred the complaint to an administrative law judge (ALJ) for hearing. The complaint alleged that CSP had acted arbitrarily or capriciously and that it had discriminated against him on the basis of sexual orientation in violation of the Colorado Anti-Discrimination Act (CADA), sections 24-34-401 to -406, C.R.S. ♢ Background Procedure Williams filed a complaint with the State Personnel Board (Board). But was that decision illegal discrimination based on Williams’ sexual orientation? I. After Williams failed a polygraph examination and a swift investigation concerning some of his responses, CSP refused to reinstate him. But when Williams applied for reinstatement just three months later, his most closely-guarded secret - he is gay - was revealed. In 2010, he resigned from CSP to start a new career as a helicopter pilot. Williams spent twelve years as a Colorado State Patrol (CSP) employee, climbing the ranks from trooper to captain. Maxfield, First Assistant Attorney General, Denver, Colorado, for Appellee ♡ Brett L. Worthington, Senior Assistant Attorney General, Denver, Colorado, for Defendant-Appellant and CrossAppellee Cynthia H. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Fox, J., concurs Berger, J., concurs in part and dissents in part Announced DecemDonachy Law Firm, LLC, Mary Donachy, Denver, Colorado Scott Moss, Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant Cynthia H. Department of Public Safety, Colorado State Patrol, Respondent-Appellant and Cross-Appellee, and State Personnel Board, Appellee. Williams, Petitioner-Appellee and Cross-Appellant, v. COLORADO COURT OF APPEALS 2015COA180 Court of Appeals No.