Winter, Gonzales Bill to Address Harassment & Discrimination, Create Safer Workplaces Clears Committee

Protecting Opportunity & Workers’ Rights (POWR) Act will strengthen workplace protections, help keep Colorado workers safe

DENVER, CO – Landmark legislation sponsored by Senators Faith Winter, D-Westminster, and Julie Gonzales, D-Denver, that would improve safety and equity in the workplace by implementing critical anti-harassment and discrimination policies cleared the Senate Judiciary Committee today.

SB23-172, or the Protecting Opportunity & Workers’ Rights (POWR) Act, would update the definition of harassment and specify that harassment does not need to be “severe or pervasive” to constitute a discriminatory or unfair practice. The bill will also deter 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, yet our state still lacks adequate policies to protect our workers and hold bad actors accountable,” Winter said. “This bill will take an important step forward in deterring bad behavior and better supporting survivors. By improving accountability measures and enhancing equity in the workplace, we will ensure that every Colorado worker can feel safe and secure on the job.”

“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.”

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 despite the harm of such a toxic work environment on the targets of this 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 will allow survivors of discrimination and harassment to better pursue justice.

The POWR Act also removes the language in the Colorado Anti-Discrimination Act (CADA) that permits employers to discriminate against covered individuals 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, taking prompt action in response to a complaint, and keeping records of any complaints.  

The POWR Act will now move to the Senate Appropriations Committee for further consideration. Track the bill’s progress HERE.