Colorado Women’s Caucus Unveils POWR Act

Bill would protect survivors of sexual harassment and discrimination, improve accountability measures, and enhance equity in the workplace

Denver – Today on International Women’s Day, the Colorado Women’s Caucus unveiled the Protecting Opportunities and Workers Rights Act (POWR Act), which would provide necessary anti-discrimination protections for workers throughout Colorado. The bill makes updates to the Colorado Anti-Discrimination Act (CADA) in an effort to protect more workers from sexual harassment and discrimination, hold bad actors accountable, enhance equity in the workplace, and deter predatory actions from happening in the future.

“For too long, individuals – particularly women – have faced workplace harassment and discrimination without proper protections, leaving bad actors unchecked, providing no incentive for employers to address bad behavior, and allowing abuse to endure without real repercussions,” said bill sponsor Senator Faith Winter, D-Westminster. “On this International Women’s Day, we are taking a leap forward with a bill that will not only support women but enhance equity in the workplace so that all workers can be protected.”

“Far too many women have been forced out of the workforce for being caregivers this year. We’re going to change that,” said bill sponsor Senator Brittany Pettersen, D-Lakewood. “The POWR Act establishes caregivers as a protected status and ensures that employers don’t discriminate against those caring for children or loved ones – a crucial provision if we are going to fully recover from this pandemic both socially and economically.”  

Women have left the workforce at four times the rate of men since March 2020, and the economic ramifications will be felt for years to come. The bill would extend protections against ageism in the workforce, prohibit employers from making decisions about terms and conditions of employment based on caregiving status, and fix a loophole that allows businesses to opt-out of anti-discrimination laws from some employees.

Colorado workers who are classified as “independent contractors” have very little protection against workplace discrimination and sexual harassment. As such, the POWR Act aligns Colorado’s legal protections for workers with the economic reality of the modern workplace by including independent contractors, subcontractors, and unpaid interns. This is particularly important as the future of work is expected to be more and more centered around the gig economy. 

The legislation also strengthens worker protections against sexual harassment – eliminating the excessive “severe or pervasive” hostile work environment requirements, empowering victims to set the terms of any settlement agreement, and extending the amount of time a worker has to file a claim. 

“No one should ever face harassment in the workplace, but far too many workers, especially women, don’t have the protections they need,” said bill sponsor Representative Susan Lontine, D-Denver. “This bill would extend critical protections to caregivers and close loopholes to make workplaces safer and stop the discrimination that is causing many women to leave the workforce.”

In addition, SB21-176 repeals a policy within the CADA that prohibits victims of age discrimination from receiving compensatory or punitive damages, all in all protecting disadvantaged workers from being excluded from the workforce due to unfair categorization and stereotyping. 

The POWR Act will be heard in the Senate Judiciary Committee sometime in the next few weeks. 

The bill is being co-sponsored by Senators Jaquez Lewis, Buckner, Danielson, Ginal, Gonzales, Hansen, Kolker, Story, and Representatives Bernett, Caraveo, Cutter, Esgar, Froelich, Jackson, Jodeh, Kipp, McLachlan, Titone, Young.

The Colorado Women’s Caucus is a caucus of Democratic women in the General Assembly working to advance women’s issues.