Personnel Board moving forward with complaint saying State Patrol denied a second gay man employment

Personnel Board questions hiring practices

DENVER - A second man has come forward concerning the hiring practices of the Colorado State Patrol and claims he was denied employment because he’s gay.

Cory Cutting filed the complaint with the Colorado Personnel Board last year and on Tuesday the board voted to hear the complaint after a review by an administrative law judge.

Cutting was an intern with the state patrol’s CIAC, or Colorado Information Analyst Center, for more than a year before applying for the job of an Intelligence Analyst.  In his complaint, Cutting said the Patrol offered him the job as long as he passed the background check and polygraph examination.

Cutting told the CALL7 Investigators he never made it past the polygraph exam and a background check done by the state patrol was flawed. The State Patrol acknowledged it ran the incorrect information, including the wrong name and date of birth. The result came back with someone else's criminal background.

In the complaint to the personnel board, Cutting claimed the job was rescinded after his polygraph test, where the examiner said he “failed” concerning the area of “possible prostitution.”

According to confidential documents obtained by the CALL7 Investigators, the examiner stated, “I specifically asked Cutting during the pre-test interview if he had engaged in prostitution.”

Cutting's attorney said it was wrongly labeled "prostitution."

In his complaint, Cutting said the state patrol polygraph examiner asked him about an incident in Mexico where he took someone he met at a bar up to his hotel room, but afterwards that person asked him for money; Cutting said he refused to pay.

Cutting said he doesn’t consider the incident prostitution since the man didn’t ask for money until afterwards and there was never an agreement to make any payment.

“I just had a guilty conscience about the whole thing, simply because of the fact of what I looked like; I knew I hadn't done anything illegal, just the idea of what it looked like always weighed in on my mind,” Cutting told the CALL7 Investigators.

He said he was just being honest with the polygraph examiner, but Cutting’s Attorney claims the polygraph examiner broke state law when he asked Cutting, during the examine, if the person who went to the room was a man.

Under Colorado law it is illegal to ask someone applying for a state job their sexual orientation. Asking a potential employee about their sexual orientation is also a violation of CSP policy.

“I truly believe it has nothing to do with my ability; I worked there a year doing the job I applied for and I fully believe and precedent shows this is exactly what they do, “said Cutting.

This is the second time within a year the CSP has come under fire for its hiring practices of gay men. In the first case, an administrative law judge said there was a homophobic culture at the patrol and found in favor of a former trooper trying to re-apply for a job, but was outed by a polygraph examiner, the same one who interviewed Cutting, and denied employment.

In December the State Personnel Board changed the ruling and said there wasn't an "anti-gay culture" at the patrol. It also said the Administrative Law Judge's conclusion is not supported by substantial evidence in the record

In this case, Cutting is asking for back pay, front pay in lieu of hiring and all of his attorney fees.

Cutting said he was not out during his internship with the state patrol.

In response to the State Personnel Board, the Colorado State Patrol denied Cutting’s sexual orientation was the reason he wasn’t given the job.

It claims the examiner told Cutting that he was, “not even going to make a note of your sexual orientation, cause [sic] it doesn’t matter.”

The state’s response claims it was who Cutting brought up his sexuality, not the examiner. The state patrol said it denied Cutting employment because he wasn’t being honest in certain areas of the hiring process, including about the prostitution claim.

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