The Protecting Opportunities and Workers’ Rights (POWR) Act, signed into law in Colorado, significantly expands employee protecttion and modifies employer obligations related to employment discrimination and harassment. It broadly impacts areas like harassment definitions, nondisclosure agreements, and record-keeping requirements.
- New Record-Keeping Requirements:.The POWR Act mandates that employers maintain personnel and employment records for at least five years, including records related to employee complaints, requests for accommodation, and disciplinary actions.
- Limited Affirmative Defenses:.The act places restrictions on employer defenses against harassment claims, particularly those involving supervisory harassment.
- Additions to Protected Classes:.Marital status is now explicitly included as a protected class under the Colorado Anti-Discrimination Act (CADA).
- Changes to Disability Accommodations:.The POWR Act modifies the criteria for disability accommodations, eliminating the ability for employers to claim that an employee’s disability “has a significant impact on the job” as a reason for not providing accommodations.
- Nondisclosure Agreement Limitations:.The law places restrictions on the use of nondisclosure agreements (NDAs), particularly those that limit an employee’s ability to discuss alleged discriminatory or unfair employment practices. To be enforceable, NDAs must meet specific criteria, such as applying equally to the employer and employee and explicitly stating that it doesn’t restrict disclosure of facts related to discrimination
- Expanded Definition of Harassment: The POWR Act redefines harassment, moving away from the traditional “severe or pervasive” standard and focusing on any “unwelcome” conduct that is subjectively offensive to the individual and objectively offensive to a reasonable person in a protected class.
In essence, the POWR Act aims to:
- Enhance employee protections against discrimination and harassment.
- Strengthen the legal framework for addressing workplace misconduct.
- Place greater obligations on employers to prevent and address harassment and discrimination.
- Promote a more equitable and fair workplace environment in Colorado