It's time to modernize Colorado's workplace discrimination laws. That's why we've joined with a coalition of labor, fiscal policy, and organizations like the Women's Lobby of Colorado, 9to5, Rocky Mountain NAACP, and the Colorado Women's Bar Association in support of the 2023 POWR Act: Protecting Opportunities And Workers' Rights Act.
Modernize the Definition of “Harass” and “Harassment”: The bill eliminates the excessive “severe or pervasive” hostile work environment requirements and replaces them with clear standards for “harass” and “harassment’ that instead consider the totality of the circumstances, including whether the conduct would be offensive to a reasonable person with the same or similar protected class characteristics.
Modernize Non-Disclosure Agreements: Under POWR, a nondisclosure agreement (NDA) will be void unless it applies equally to all parties, does not restrict the employee from disclosing the facts of any alleged discriminatory practice to the employee’s family, medical providers, other advisers, or government agencies.
Update CADA Provisions on Workplace Accommodations for Workers with Disabilities: The bill removes the language in CADA that permits employers to discriminate against covered individuals or refuse to accommodate them if “the disability has a significant impact on the job”. This aligns CADA with the federal ADA standard prohibiting discrimination and requiring accommodation unless doing so causes an “undue hardship” for the employer.
Improve Filing and Tracking of Harassment Claims at the CCRD: The POWR Act will add a specific “harassment” checkbox to the form used to file claims at the CCRD, making it less confusing for workers filing claims and easier for the CCRD to track and report on the workplace harassment claims it receives.
Treat Marital Status Consistently: CADA currently mentions “marital status” inconsistently, e.g., prohibiting discrimination in public accommodation on that basis, but not in employment. The Solution: The bill treats “marital status” in employment situations the same as every other protected characteristic.
To learn more about this legislation, click here.