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Legislative Year: 2024 Change
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Bill Detail: SB24-160

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Title Records of Workplace Discrimination Complaints
Status Signed by the Speaker of the House (05/16/2024)
Bill Subjects
  • Labor & Employment
  • State Government
House Sponsors J. McCluskie (D)
R. Pugliese (R)
Senate Sponsors P. Lundeen (R)
S. Fenberg (D)
House Committee Judiciary
Senate Committee State, Veterans and Military Affairs
Date Introduced 02/15/2024
Summary

Executive Committee of the Legislative Council. In the 2023
legislative session, the general assembly enacted 2 bills related to
complaints and findings of discriminatory or unfair practices in the
workplace, including complaints and findings of sexual harassment
committed by an elected official, and access to records of such complaints
and findings. The bills resulted in a conflict in the law with regard to
public access to records of sexual harassment complaints against an
elected official. Specifically, Senate Bill 23-172:
  • Requires employers to designate a repository of written and
oral complaints of discriminatory or unfair employment
practices, including sexual harassment complaints; and
  • Specifies that records in an employer's designated
repository are not public records and are not open to public
inspection except in very limited circumstances specified
in the Colorado Open Records Act (CORA).
Senate Bill 23-286 amended CORA to specifically require the
custodian of any record of a sexual harassment complaint against an
elected official to make the record available for public inspection, after
redacting the identity of or any information that would identify any
accuser, accused who is not an elected official, victim, or witness, if the
investigation concludes that the elected official is culpable of sexual
harassment.
The bill resolves the conflict between Senate Bill 23-172 and
Senate Bill 23-286 by allowing public inspection of records in an
employer's designated repository that pertain to a sexual harassment
complaint or investigation against an elected official found culpable of
sexual harassment.
Additionally, the bill designates the office of legislative workplace
relations as the repository of complaint records for the employers in the
legislative department.

Committee Reports
with Amendments
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Fiscal Notes Fiscal Notes (02/19/2024) (most recent)  
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