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SB21-176

Protecting Opportunities And Workers' Rights Act

Concerning protections for Colorado workers against discriminatory employment practices.
Session:
2021 Regular Session
Subject:
Labor & Employment
Bill Summary

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill:

  • Allows an employment discrimination claim to be brought in any court of competent jurisdiction in the county or district where the alleged discriminatory or unfair employment practice occurred and allows an individual to file a civil action, without otherwise exhausting administrative proceedings and remedies, as long as the individual either files a charge with the Colorado civil rights commission (commission) or serves a written demand for the relief on the individual's employer and allows the employer 14 days to respond;
  • Expands the definition of "employee" to include individuals in domestic service; individuals who perform a service for a price, including independent contractors, subcontractors, and their employees; and individuals who offer services or labor without pay;
  • Adds new definitions of "caregiver", "care recipient", "child", "minor child", "harassment", "hostile work environment", and "independent contractor";
  • Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status" or "caregiver status";
  • Specifies that it is a discriminatory or unfair employment practice for an employer to fail to initiate an investigation of a complaint or fail to take prompt remedial action if appropriate;
  • Prohibits certain preemployment medical examinations, imposes limitations on inquiries and examinations about an employee's disability during employment, and specifies that violations of these prohibitions and limitations constitute discriminatory or unfair employment practices;
  • Expands the time limit to file a charge with the commission from 6 months to 300 days after the alleged discriminatory or unfair employment practice occurred;
  • Repeals the limits on remedies in cases involving age discrimination; and
  • Limits the ability of an employer to require confidentiality of claims once a charge is filed with the commission.
    (Note: This summary applies to this bill as introduced.)

Status

Introduced
Under Consideration

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Bill Text