Bill Detail: SB23-172

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Title Protecting Opportunities And Workers' Rights Act
Status Governor Signed (06/06/2023)
Bill Subjects
  • Civil Law
  • Labor & Employment
House Sponsors M. Weissman (D)
J. Bacon (D)
Senate Sponsors F. Winter (D)
J. Gonzales (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 02/27/2023

For purposes of addressing discriminatory or unfair employment
practices pursuant to Colorado's anti-discrimination laws, the bill enacts
the Protecting Opportunities and Workers' Rights (POWR) Act, which:
  • Directs the Colorado civil rights division (division) to
include harassment as a basis or description of
discrimination on any charge form or charge intake
  • Adds a new definition of harass or harassment and
repeals the current definition of harass that requires
creation of a hostile work environment;
  • Adds protections from discriminatory or unfair
employment practices for individuals based on their
marital status;
  • Specifies that in harassment claims, the alleged conduct
need not be severe or pervasive to constitute a
discriminatory or unfair employment practice;
  • For purposes of the exception to otherwise discriminatory
practices for an employer that is unable to accommodate an
individual with a disability who is otherwise qualified for
the job, eliminates the ability for the employer to assert that
the individual's disability has a significant impact on the
job as a rationale for the employment practice;
  • Specifies that it is a discriminatory or an unfair
employment practice for an employer to fail to initiate an
investigation of a complaint or to fail to take prompt,
reasonable, and remedial action;
  • Specifies the requirements for an employer to assert an
affirmative defense to an employee's proven claim of
unlawful harassment by a supervisor; and
  • Specifies the requirements that must be satisfied for a
nondisclosure provision in an agreement between an
employer and an employee or a prospective employee to be

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