Gov. Jared Polis has signed into law several employment-related bills passed this legislative session that bring significant changes to employment law in Colorado.
The most impactful of these new laws is Senate Bill 172, the Protecting Opportunities and Workers' Rights Act (POWR), which substantively changes workplace harassment law in Colorado. POWR explicitly rejects the familiar "severe or pervasive" standard for legally actionable harassment, meaning that over the next few years, courts will be figuring out what types and frequency of conduct now qualify as "harassment" under a more lenient standard. POWR also requires employers to preserve "any personnel or employment record" made or received for at least five years after (1) the employer receives the record or (2) after the date of the personnel action or charge or lawsuit disposition related to the record, whichever is later. Employers also are now required to "maintain an accurate, designated repository of all written or oral complaints or discriminatory or unfair employment practices," including workplace harassment. For each complaint, the employer must record the date of the complaint, the identity of the complaining party if known, the identity of the alleged perpetrator, and the substance of the complaint.
POWR also adds marital status to the list of protected classes. The bill takes effect August 6, 2023.
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