Colorado POWR ACT

Ensure your organization is compliant with the POWR Act and avoid the penalties associated with non-compliance.

The POWR Act, which took effect in August 2023 and is not retroactive, made a number of material changes to Colorado's Anti-Discrimination Act. Namely, it lowered the threshold for a harassment claim which will likely result in an increase in viable harassment and hostile work environment claims in Colorado. Additionally, the POWR Act also limits the availability of affirmative defenses for claims of harassment by supervisors and has created stringent requirements for non-disclosure provisions in all employment agreements. The stringent non-disclosure requirements likely mean that employers will need to revise template separation agreements and any other agreements that contain a non-disclosure or non-disparagement provision to comply with this law. Furthermore, the POWR Act adds marital status as a protected class under the law and also mandates that personnel or employment records--defined broadly to include accommodation requests, complaints of discrimination or unfair practices, applications, etc.--must be retained for five years. This presentation will help employers understand these significant legal changes and will help employers to understand and identify which of their current policies and practices need to be updated and revised to meet the new POWR Act requirements. This presentation is critical for employers so they can ensure that they are compliant with the POWR Act and that they avoid the penalties associated with non-compliance.