SIGNED! New Laws Address Harassment, Discrimination in Schools & Workplaces

DENVER, CO – Today, Governor Jared Polis signed landmark legislation that will improve safety and equity in the workplace and schools by implementing critical anti-harassment and discrimination policies.

SB23-172, the Protecting Opportunity & Workers’ Rights (POWR) Act, sponsored by Senators Faith Winter, D-Westminster, and Julie Gonzales, D-Denver, and Assistant House Majority Leader Jennifer Bacon, D-Denver, and Representative Mike Weissman, D-Aurora, updates the definition of harassment and specifies that harassment does not need to be “severe or pervasive” to constitute a discriminatory or unfair practice. The bill also deters future harassment by modernizing language around non-disclosure agreements, expanding protections for people with disabilities, and adding marital status as a protected class.

“No Coloradan should face harassment or discrimination at the workplace or at school, which is why we’re taking action to protect our workers and students,” Winter, sponsor of SB23-172 and SB23-296, said. “In the workplace, our bill will deter bad behavior and better support survivors by improving accountability measures and enhancing equity in the workplace. And in schools, SB23-296 ensures equal access to education and helps schools better support students experiencing harassment and discrimination. With today’s signings, we will ensure that every Coloradan can feel safe and secure whether they’re on the job or in the classroom.” 

“There is an urgent need to do more to protect Colorado workers from discrimination and harassment of all types,” Gonzales said. “It’s long past time we update and modernize Colorado law and put the power and protections on the side of the workers. The POWR Act will support Colorado workers and enhance equity in the workplace so that every Coloradan can earn a fair living free from fear of harassment or discrimination.”

“Every Coloradan deserves to feel safe from harassment or discrimination in their workplace,” Weissman said. “The POWR Act modernizes workplace protections to allow for victims to seek accountability for harassment, creating safer workplaces and improving economic security for vulnerable workers and their families. Our new law lifts up the experiences of survivors and treats claims with the seriousness they deserve, so Coloradans can have peace of mind in their workplace.”

The “severe or pervasive” standard was established by the U.S. Supreme Court more than three decades ago and assumes that some harassment is tolerable as long as it is not “severe” and does not happen frequently. It allows employers to tolerate a level of groping, touching, crude sexual or racist comments, and other offensive behavior that creates a toxic work environment and leaves employees as targets for offensive behavior. 

Eliminating the excessive “severe or pervasive” hostile work environment requirements and replacing them with clear standards for “harass” and “harassment” considers the totality of the circumstances, and allows survivors of discrimination and harassment to better pursue justice.

The POWR Act also removes language in the Colorado Anti-Discrimination Act that permitted employers to discriminate against people with disabilities or refuse to accommodate them if “the disability has a significant impact on the job."

Finally, the bill establishes an affirmative defense for an employer if the employer meets certain requirements, including establishing a harassment prevention program and taking prompt action in response to a complaint.  

SB23-296, also sponsored by Winter and Bacon, along with Senator Janice Marchman, D-Loveland, and Representative Leslie Herod, D-Denver, provides clear definitions for harassment and discrimination in K-12 public schools and requires schools to post notices describing how a student can report harassment or discrimination to the school. The bill further requires schools to adopt procedures for investigating reports, and to grant an excused absence to a student for certain out-of-school appointments related to the student experiencing harassment or discrimination.

“These new laws will support the students and workers in our state who have been harassed or discriminated against because of their race, gender identity or religion. They will prevent more Coloradans from facing harassment in their schools or workplaces,” said Bacon, sponsor of SB23-172 and SB23-296. “These changes will make it easier for Coloradans to hold workplaces accountable for misconduct and for students to notify school leadership when they are in a dangerous situation. We’re also requiring additional training for educators and school personnel and making sure that students who have experienced harassment or discrimination can have time outside of the classroom to access the support they need to thrive in school.”

“As a middle school teacher and a mom, I know how important it is for our kids to get a good education free from the fear of harassment and discrimination,” Marchman said. “This new law will provide students, staff, and families with better resources to respond to, prevent, and recover from harassment and discrimination, and will support students so they can focus on what matters most: learning.” 

“I’m proud to sponsor legislation to prevent racism and anti-LGBTQ bullying in our schools because students in Colorado deserve to learn in a safe environment free from harassment or discrimination,” said Herod. “Far too many students in Colorado, in particular people of color and LGBTQ youth, have faced racism and harassment in their schools and classrooms. With this new law, every school district must have a plan in place to accept reports of discrimination and harassment, investigate incidents, and provide necessary accommodations and supportive measures to students who have experienced discrimination or harassment.”

Additionally, SB23-296 requires schools to provide accommodations and supportive measures to students being harassed, and to adopt a written policy that protects students experiencing harassment or discrimination. That policy must include information on reporting options for students, an explanation of the school’s role in responding to reports, information about resources for victims of gender-based violence and sexual violence, amnesty protections, and information on accommodations and supportive measures.