§ 24-34-400.2 — Legislative declaration

Colorado § 24-34-400.2

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Department of Regulatory Agencies

Text

(1) The general assembly finds that:

(a) All Coloradans should have an equal opportunity to succeed in the
workplace and are entitled to a workplace that is safe and free from discrimination
and harassment based on their protected status;

(b) When employees have a safe workplace that is free from discrimination
and harassment, those employees are more productive and are more inclined to
remain in their jobs, and their employers benefit from increased employee
productivity and retention;

(c) While many employers have made great strides in improving workplace
environments by making them free from discrimination and harassment since this
part 4 was first enacted in 1951, many employees in this state still experience
discrimination and harassment in the workplace, resulting in mental, physical, and
economic harm;

(d) It is critical that employers engage in preventive and corrective actions to
eliminate workplace discrimination and harassment and ensure a safe workplace
environment for all their employees; and

(e) Courts should apply the law consistently to all workplaces.

(2) Additionally, the general assembly:

(a) Finds that the severe or pervasive standard created by courts to
determine if harassment at work is a discriminatory or an unfair employment
practice does not take into account the realities of the workplace or the harm that
workplace harassment causes; and

(b) Rejects the severe or pervasive standard for proof of workplace
harassment in favor of a standard that prohibits unwelcome harassment.

(3) The general assembly further finds and declares that:

(a) It is the public policy of the state to encourage:

(I) Employers to adopt equal employment opportunity policies to prevent and
disincentivize illegal harassment and discrimination; and

(II) The free reporting, discussion, and exposure of discriminatory or unfair
employment practices in order to better protect employees and discourage
discriminatory or unfair employment practices; and

(b) Attempts to interfere with employees' ability to communicate about and
report alleged discriminatory or unfair employment practices are contrary to the
public policy of the state.

Legislative History

Source: L. 2023: Entire section added, (SB 23-172), ch. 389, p. 2323, � 3, effective August 7.