C8275795DA834E2D872586CD0071A103 Hearing Summary

Senator Lee made opening announcements about SB21-176, concerning protections for Colorado workers against discriminatory employment practices. 

Senators Winter and Pettersen, bill sponsors, recapped the April 1, 2021, hearing on the bill and distributed strike-below Amendment L. 010 (Attachment D).  They discussed the stakeholder process, prevention, bystander training, notification, independent contractors, nondisclosure agreements, and definitions, as outlined in the amendment. 

Committee members asked questions about independent contractors and liability. 

Committee members asked questions about nondisclosure agreements.  Addiitonal discussion ensued about nondisclosure agreements and power dyamics. 

The Chair called a panel of three opponents to the table to discuss the amendment. 

Sarah Mercer, representing the Colorado Competitive Counsel and the Metro Chambers of Commerce Advisory Committee, testified in opposition to the bill, as amended.  She raised concerns about litigation, definitions in the bill, affirmative defense, and nondisclosure agreements. 

Ann Terry, representing the Special District Association, testified in opposition to the bill, as amended.   She discussed independent contractors, caregivers as a protected class, reasonable person standards, county court jurisdiction, and affirmative defense provisions. 

Lauren Furman, representing the Colorado Chamber of Commerce, testified in opposition to the measure, as amended.  She raised concerns about the definition of harassment, fines, and other punitive language in the bill.  

Committee members asked questions about affirmative defense provisions, the severe or pervasive standard as outlined in the bill, and liability. 

Committee discussion followed about the sexual harassment policy developed by the Colorado General Assembly.  Committee members asked questions about caregiver status, as outlined in the bill. 

Committee discussion continued about independent contractors, caregivers, harassment, and retaliation.

The Chair allowed for three proponents to speak to the bill, as amended. 

Michelle F., representing herself, testified in support of the bill.

Iris Halpern, representing the Colorado Women's Bar association, testified in support of the bill.  She addressed some of the concerns raised by the opponents of the bill.  She further extrapolated on independent contractors, liability, nondisclosure agreements, harassment claims, accommodations, and caregiver status, as outlined in the bill. 

Rachel Ellis, representing the Plaintiff's Lawyers Association, testified in support of the bill.  She discussed transparency, training, and caregivers.

The committee members asked questions about independent contractors and liability. 

Written testimony can be found in Attachment E. 

Senator Gardner introduced and explained L. 011 (Attachment F) regarding liabiity restrictions.

Committee discussion followed about retaliation and the complaint process. 

Senator Gardner distributed and explained Amendment L. 012 (Attachment G) regarding the complaint process and affirmative defense.

Senator Gardner distributed and explained Amendment L. 013 (Attachment H) regarding employer exclusions.

Senator Gardner distributed and explained Amendment L. 014 (Attachment I) which modifies the definition of harassment. 

Committee discussion followed about the harassment definition used by the General Assembly. 

Senator Gardner explained Amendment L. 015 (Attachment J) regarding nondisclosure agreements.

Senator Gardner distributed and explained Amendment L. 017 (Attachment L) regarding civil course of action and nondisclosure agreements.