COLORADO — Winning a workplace harassment lawsuit in Colorado could soon become easier for employees.
The state's Protecting Opportunities And Workers' Rights Act (POWR Act) goes into effect on Monday, expanding protections for workers who file workplace harassment cases.
The POWR Act changed the definition of unlawful harassment from being severe and pervasive to a much lower standard. John Melcon, an employment law attorney in Colorado Springs, said this means the frequency of the alleged offensive conduct is no longer a determining factor.
"It's possible that we might not see necessarily more lawsuits, but more lawsuits ending in favor of the employee," said Melcon.
Out of the 1,162 complaints received by the Colorado Civil Rights Division (CCRD) in FY 2023, half were based on sex and disability. Complaints based on race came next with 11% of all complaints and age followed at 10%. The CCRD said over the past three years, just 4.8% of all claims in the workplace showed enough evidence to make a case for discrimination.
The POWR Act also adds marital status as a protected class in employment discrimination cases.
"I think more people understand that marital status has been used unfairly, in my view, in the past as a basis for discrimination. This legislation in Colorado and other states gets rid of that," said Andrew Swan, an employment law attorney in Colorado.
Melcon said the law also requires employers to keep a better record of harassment and discrimination complaints. He said the POWR Act places new obligations and burdens on employers but should improve workplace environments across the state.
"This is a law where, if everything goes, right, you know, this is going to make working in Colorado better for everyone," he said.
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