Changes to the Colorado Anti-Discrimiination Act08/24/2023
Effective August 7, 2023, the Protecting Opportunities and Workers’ Rights Act (“POWR Act”) will amend the Colorado Anti-Discrimination Act in several important ways:
- Employees will no longer have to show that harassment was “severe and pervasive” to establish that harassment was discriminatory. However, petty slights, minor annoyances, or lack of manners still do not constitute harassment unless they meet the harassment standards set forth in the act.
- To establish an affirmative defense to a harassment claim, employers must show:
- The employer has an established program that is reasonably designed to prevent harassment, deter future harassers, and protect employees from harassment;
- The employer takes prompt, reasonable remedial actions, when warranted, in response to complaints of discriminatory or unfair employment practices;
- The employer has communicated the existence and details of the program to its supervisory and non-supervisory employees; and
- The employee/claimant has unreasonably failed to take advantage of the employer’s program.
- Employers cannot discriminate on the basis of a person’s “marital status”