What are my rights against workplace harassment in Colorado?
1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), set the federal floor.
2. State Statute & Agency. The Colorado Anti-Discrimination Act (CADA), Colo. Rev. Stat. § 24-34-401 et seq., is enforced by the Colorado Civil Rights Division (CCRD). CADA covers all employers regardless of size (C.R.S. § 24-34-401(3)).
3. Standard for Hostile Work Environment. The Protecting Opportunities and Workers' Rights (POWR) Act (SB 23-172, effective August 7, 2023) lowered Colorado's standard. Conduct is unlawful if it is "subjectively offensive to the individual alleging harassment and is objectively offensive to a reasonable individual" and is sufficiently severe or pervasive to alter terms and conditions, but a single incident may suffice (C.R.S. § 24-34-402(1)(a.5)).
4. Protected Categories. Disability, race, creed, color, sex (including pregnancy), sexual orientation (including transgender status), religion, age (40+), national origin, ancestry, and marital status. POWR added marital status as a protected class for harassment.
5. Quid Pro Quo vs Hostile Environment. Both recognized. POWR codifies a broader hostile-environment definition.
6. Employer Liability. Faragher/Ellerth affirmative defense remains but is harder to satisfy under POWR's lower threshold. Employers must preserve personnel/training records for 5 years.
7. Mandatory Training. Colorado has no statewide harassment-training mandate, but POWR requires comprehensive anti-harassment policies and recordkeeping.
8. Filing Deadline. EEOC: 300 days. CCRD: 300 days (POWR extended from 6 months) (C.R.S. § 24-34-403).
9. NDA Restrictions. POWR restricts NDAs covering discrimination/harassment claims unless mutually drafted with statutory disclaimers, and bans non-disparagement clauses that would prevent disclosure (C.R.S. § 24-34-407).
This is legal information, not legal advice.
- Your incidents may not meet 'severe or pervasive' but do meet POWR's lower standard
- You are presented with an NDA that lacks the POWR statutory carve-outs
- Your employer has not preserved POWR-required records
- Colo. Rev. Stat. § 24-34-401 et seq. (CADA)
- C.R.S. § 24-34-402(1)(a.5) (POWR)
- C.R.S. § 24-34-407
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.