House Bill 25-1031, titled "Prohibition on Whistleblower Retaliation in Law Enforcement," was introduced on January 8, 2025, and has passed the House with a vote of 56 in favor, 8 against, and 1 excused.
Key Provisions:
Civil Cause of Action:
The bill establishes a civil cause of action for peace officers who report or disclose conduct they believe violates any law or policy, and where such reporting is a contributing factor in adverse employment actions taken against them.
Available Damages:
Affected peace officers may seek:
Reinstatement with or without back pay.
Other equitable relief deemed appropriate by the court.
Compensatory damages for pecuniary losses, emotional distress, and other nonpecuniary losses.
Reasonable attorney fees and costs.
Affirmative Defense:
An employer may defend against the action by demonstrating that the adverse employment action would have occurred regardless of the whistleblowing activity, based on a legitimate nonretaliatory reason.
Exemption from Governmental Immunity:
The action is not subject to the Colorado Governmental Immunity Act, allowing for greater accountability in such cases.
Statute of Limitations:
The statute of limitations for bringing the action is two years from the date of the most recent adverse employment action. This legislation aims to enhance protections for peace officers who report misconduct, fostering a culture of transparency and accountability within law enforcement agencies.
Summary
The bill creates a civil cause of action for a peace officer if the
peace officer reports or discloses conduct that is in violation of, or the peace officer reasonably believes is in violation of, any law or policy and the report or disclosure is a contributing factor in the employer of the peace officer's decision to take adverse employment action against the peace officer. A peace officer may seek the following damages: •
Reinstatement, with or without back pay;
•
Any other equitable relief the court deems appropriate;
•
Compensatory damages for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses; and
•
Reasonable attorney fees and costs.
If the court finds that an action or defense brought was frivolous,
groundless, or vexatious, the court may award costs and attorney fees to the defendant or peace officer, respectively.
The bill creates an affirmative defense to the action if the peace
officer's employer would have taken the action that forms the basis of the suit against the peace officer, based on a legitimate nonretaliatory basis. The action is not subject to the Colorado Governmental Immunity Act. The statute of limitations to bring the action is 2 years.
