7B74AB072CBA5C6F872582C500582DD9 Hearing Summary

Ben FitzSimons, Legislative Human Resources Administrator, provided an overview of the ILG report.  He stated there are four main topics of the report recommendations, which are structure, culture, response to complaints, and transparency.  He reviewed the policy recommendations starting on page 121 of the report.  Mr. FitzSimons answered questions about the report regarding student interns and lobbyists.  He reviewed the recommendations regarding awareness campaigns and required trainings.  Mr. FitzSimons answered questions about best practices regarding training, including citizen lobbyists in the policies or trainings, making trainings mandatory, and providing bystander training.

Mr. FitzSimons continued to review the policy recommendations in the ILG report. He reviewed the proposed Colorado General Assembly's Respectful Workplace Expectation beginning on page 124 of the report. He discussed prohibited discriminatory harassment and sexual harassment activities as outlined in the report. Mr. FitzSimons highlighted the differences in applicability of the policy for all people in the workplace versus protected classes by law, as outlined in Section 6 versus Sections 7 through 10 of the report. Mr. FitzSimons responded to questions about those differences and whether the policies would apply both for on-premises and off-premises conduct.

Mr. FitzSimons discussed the reporting process outlined in the report starting on page 130. He discussed the complaint resolution process. He answered questions about the informal resolution process and when it can be used. Committee discussion with Mr. FitzSimons continued about the informal process recommended in the report and the roles of the equal employment opportunity (EEO) officer and ombudsman. The committee discussed the ability for complainants to have a support person during proceedings.

Mr. FitzSimons answered questions about retaliation and how it can be best defined. The committee recessed.

The committee reconvened. Mr. FitzSimons clarified that only the formal resolution can be used if the harassment is discriminatory. He responded to questions about what is considered severe, pervasive, and unwelcome behavior. Mr. FitzSimons continued discussion of the recommendations related to retaliation. He referenced Appendix C starting on page 150 of the report concerning finding of facts, investigation reports, determination of policy violations, and recommendations for action. He answered questions about the proposed EEO advisory panel and legislative culture committees. Mr. FitzSimons discussed how complaints against third parties would be handled. He reviewed recommendations regarding social media, electronic communications, off-site work, and annual reporting and review.