As summer starts to sizzle in Colorado, and the Colorado General Assembly closes its session, employers have seen a flurry of new laws affecting Colorado employees. Among them are now expanded protections for whistleblowers. The Health and Safety Whistleblower law, Senate Bill 22-097, expands whistleblower protections for those who raise workplace health and safety concerns. The Colorado False Claims Act, House Bill 22-1119 expands whistleblower protections for those who raise concerns about fraudulent government bills and statements. While each may appear at first blush as a less-than-noteworthy expansion of existing law, each significantly expands existing law with an accompanying threat of significant damages and penalties for the unwary.
Governor Jared Polis signed into law Senate Bill 22-097, effective immediately on May 31, 2022, which amended the PHEW law in one small, but incredibly significant, way.
Senate Bill 22-097 provides the following strikethrough of the PHEW law contained in section 8-14.4.102(1) and (2)(a), C.R.S.:
(1) A principal shall not discriminate, take adverse action, or retaliate against any worker based on the worker, in good faith, raising any reasonable concern about workplace violations of government health or safety rules, or about an otherwise significant workplace threat to health or safety, related to a public health emergency to the...
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