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Saturday, September 12, 2026

Colorado's POWR Act Significantly Expands Workplace Harassment ... - Mondaq News Alerts

  • Colorado's POWR Act discards the "severe or pervasive" standard for harassment claims, lowering the standard for such claims in Colorado.
  • The law also adds multiple conditions an employer must meet to enter into a nondisclosure agreement with employees.
  • Employers must also comply with robust record-keeping requirements for personnel and employment-related records.

On June 6, 2023, Governor Polis signed into law the Protecting Opportunities and Workers' Rights (POWR) Act, which imposes far-reaching changes to the Colorado Anti-Discrimination Act (CADA) and Colorado employment law generally. Among other material changes, the law redefines the standard for harassment claims, sets stringent requirements on nondisclosure provisions, adds marital status as a protected category under Colorado law, and includes new requirements on the storage of personnel records. Colorado employers should carefully review the requirements of this law as it may require modifications to preexisting policies, procedures, and agreements.

Harassment Claims Will Have a Lower Burden of Proof

Perhaps the most material change in the POWR Act is its redefining of harassment claims under Colorado law. Previously, Colorado had incorporated the definition of "harassment" under federal law, which required that for conduct to be considered harassment, it must be "severe or pervasive." However, with the enactment of the POWR Act, the severe or pervasive standard no longer applies in Colorado. See SB 23-172...



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