Using Date() as a condition

I have the following condition, which compares one date field with the 
current date:

[Forms]![Performance_Form]![Milestone_Due_Dates_Subform].[Form]![100pctloan_Const_date_Due]<Date()

The idea is that if the due date is less than today's date it will set the

backcolor value of a control to red.  But, for some reason the macro just 
sets the backcolor to red regardless of the date! 

Does anyone have any ideas?

Thanks!