24-34-400.2. Legislative declaration.

Statute text

(1) The general assembly finds that:

(a) All Coloradans should have an equal opportunity to succeed in the workplace and are entitled to a workplace that is safe and free from discrimination and harassment based on their protected status;

(b) When employees have a safe workplace that is free from discrimination and harassment, those employees are more productive and are more inclined to remain in their jobs, and their employers benefit from increased employee productivity and retention;

(c) While many employers have made great strides in improving workplace environments by making them free from discrimination and harassment since this part 4 was first enacted in 1951, many employees in this state still experience discrimination and harassment in the workplace, resulting in mental, physical, and economic harm;

(d) It is critical that employers engage in preventive and corrective actions to eliminate workplace discrimination and harassment and ensure a safe workplace environment for all their employees; and

(e) Courts should apply the law consistently to all workplaces.

(2) Additionally, the general assembly:

(a) Finds that the "severe or pervasive" standard created by courts to determine if harassment at work is a discriminatory or an unfair employment practice does not take into account the realities of the workplace or the harm that workplace harassment causes; and

(b) Rejects the "severe or pervasive" standard for proof of workplace harassment in favor of a standard that prohibits unwelcome harassment.

(3) The general assembly further finds and declares that:

(a) It is the public policy of the state to encourage:

(I) Employers to adopt equal employment opportunity policies to prevent and disincentivize illegal harassment and discrimination; and

(II) The free reporting, discussion, and exposure of discriminatory or unfair employment practices in order to better protect employees and discourage discriminatory or unfair employment practices; and

(b) Attempts to interfere with employees' ability to communicate about and report alleged discriminatory or unfair employment practices are contrary to the public policy of the state.

History

Source: L. 2023: Entire section added, (SB 23-172), ch. 389, p. 2323, 3, effective August 7.

Annotations

Editor's note: Section 7(2) of chapter 389 (SB 23-172), Session Laws of Colorado 2023, provides that the act changing this section applies to employment practices occurring on or after August 7, 2023.

Annotations

Cross references: For the short title ("Protecting Opportunities and Workers' Rights (POWR) Act") in SB 23-172, see section 1 of chapter 389, Session Laws of Colorado 2023.