Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that expands state anti-discrimination laws.

Highlights:

• Requires the division to require a harassment selection option in the charge form (Sec. 2). 

• Specifies that the General Assembly finds that the following provisions are important to the state (Sec. 3):

• All Coloradans should have the opportunity to succeed in the workplace; 

• When employees are in a safe environment then they are more productive overall;

• Employers have made good strides in ensuring workplaces are free from discrimination; 

• Employers have the responsibility to engage in collective actions to eliminate workplace discrimination and harassment;

• Courts should apply the law consistently across all workplaces 

• Specifies that the severe or pervasive requirements for workplace harassment ignores realities of the workplace and that the standard should be changed (Sec. 3). 

• Specifies that it is important to the state to have a public policy where reporting of discrimination is encouraged and communication on discrimination is encouraged (Sec. 3). 

• Exempts an employer from the discrimination rule if there is no possible reasonable accommodation that a company can make to allow an employee to accomplish the base requirements for the position (Sec. 4). 

• Defines harassment and what constitutes it in the workplace (Sec. 4).

• Specifies that nature and frequency of harassment has no bearing on the satisfaction of harassment requirements (Sec. 4). 

• Specifies that bad manners does not qualify as harassment (Sec. 4). 

• Defines the factors that one has to take into account to determine whether communication arises to the level of harassment in the workplace (Sec. 4). 

• Specifies that employers may not claim an affirmative defense unless they have shown they have a system in place to deter harassments and they have taken steps to remedy the situation (Sec. 4). 

• Prohibits N.D.A’s if that does not apply equally to all parties in the agreement, restrains employees from reporting facts, does not disclose terms for a settlement agreement, or forbids disparagement (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that expands state anti-discrimination laws.

Highlights:

• Requires the division to require a harassment selection option in the charge form (Sec. 2). 

• Specifies that the General Assembly finds that the following provisions are important to the state (Sec. 3):

• All Coloradans should have the opportunity to succeed in the workplace; 

• When employees are in a safe environment then they are more productive overall;

• Employers have made good strides in ensuring workplaces are free from discrimination; 

• Employers have the responsibility to engage in collective actions to eliminate workplace discrimination and harassment;

• Courts should apply the law consistently across all workplaces 

• Specifies that the severe or pervasive requirements for workplace harassment ignores realities of the workplace and that the standard should be changed (Sec. 3). 

• Specifies that it is important to the state to have a public policy where reporting of discrimination is encouraged and communication on discrimination is encouraged (Sec. 3). 

• Exempts an employer from the discrimination rule if there is no possible reasonable accommodation that a company can make to allow an employee to accomplish the base requirements for the position (Sec. 4). 

• Defines harassment and what constitutes it in the workplace (Sec. 4).

• Specifies that nature and frequency of harassment has no bearing on the satisfaction of harassment requirements (Sec. 4). 

• Specifies that bad manners does not qualify as harassment (Sec. 4). 

• Defines the factors that one has to take into account to determine whether communication arises to the level of harassment in the workplace (Sec. 4). 

• Specifies that employers may not claim an affirmative defense unless they have shown they have a system in place to deter harassments and they have taken steps to remedy the situation (Sec. 4). 

• Prohibits N.D.A’s if that does not apply equally to all parties in the agreement, restrains employees from reporting facts, does not disclose terms for a settlement agreement, or forbids disparagement (Sec. 5).

Full Bill Text