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ARTICLE · 15 MARCH 2023

POWR Bill Introduced In Colorado Senate

Fairfield and Woods
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On February 27, 2023, SB23-172, the Protecting Opportunities & Workers' Rights Act ("POWR"), was introduced in the Colorado Senate.

United StatesEmployment and HR
Colin A. Walker
Colin A. Walker
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On February 27, 2023, SB23-172, the Protecting Opportunities & Workers' Rights Act ("POWR"), was introduced in the Colorado Senate. Like its predecessors in previous sessions, POWR would, if enacted, make sweeping changes to the law of employment discrimination and harassment in Colorado, including the following:

  • The bill would eliminate the requirement of showing that harassment is severe or pervasive – the standard that has been applied in federal and state courts for many years to weed out isolated incidents and claims which are not sufficiently severe.
  • The legal standards for discrimination and harassment would not vary by workplace. This could create practical problems in certain specialized industries. For example, employees who work in a mental institution might legitimately be expected to tolerate offensive behavior more so than in other workplaces. The bill, however, would prohibit this.

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