Colorado’s 74th General Assembly convened the First Regular Session on January 9, 2023. As expected, there has been continued focus on labor and employment, with some particularly surprising proposals (not all of which have passed both chambers). Below are some of the key pieces of legislation that have been sent to the Governor for signature.
Protecting Opportunities and Workers’ Rights (POWR) Act (SB23-172)
Arguably the most consequential bill, POWR Act resurfaced this year and is now on the Governor’s desk for signature. In addition to adding marital status as a protected class, establishing that a “reasonable accommodation” is one that would allow the individual to satisfy the essential functions of the job, and placing conditions on non-disclosure/confidentiality and non-disparagement agreements, POWR also addresses unlawful harassment.
First, POWR eliminates the “severe and pervasive” standard of proof for harassment claims when: (1) submission to conduct or communication is explicitly or implicitly a term or condition of employment; (2) submission to, objection to, or rejection of the conduct or communication is used as a basis for employment decisions; or (3) the conduct or communication has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment.
If one of those three circumstances are present, the bill states that conduct or communication can be unlawful if...
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