| Vol 74.12 | April 6, 2023
Spring at the Capitol is always interesting. There are the long days of floor debates and committee work. The halls are crowded with groups coming out for legislative days and school children abound for daily field trips. It all adds to the energy in the building, but it can be challenging navigating the crowds to get to the one legislator you need to talk to about a piece of legislation.
On Wednesday, April 5, SB23-172 Concerning Protecting Opportunities and Workers Rights was heard in Senate Judiciary in a 4-hour hearing. Proponents of the bill state they are attempting to modernize workplace discrimination laws; however, the bill proposes to replace the long-standing legal precedent that the behavior must be “severe or pervasive” as is the harassment standard across the country.
During the hearing, the definition was amended to define harassment as “subjectively offensive to the individual alleging harassment and is reasonably offensive to an individual who is a member of the same protected class.” The amendment further states “petty slights, minor annoyances and lack of good manners” would not rise to the level of harassment unless there is a totality of circumstances that include the conduct being threatening, involving use of epithets and slurs and involving a power differential between the harasser and harassed individual. CBA joined with the Colorado Chamber of Commerce in opposition to the bill and submitted testimony in opposition to removing the severe and pervasive standard definition. By lowering the standard, the state subjects businesses to frivolous and unnecessary litigation.
Interestingly, the Colorado Civil Rights Division (CCRD) testified in opposition to the bill. CCRD Director Aubrey Elenis stated that the bill would impede her division from investigating approximately 800 claims each year that are dual filed with state government and the Equal Employment Opportunity Commission (EEOC). She further testified if the bill moves forward, the EEOC would terminate its contract with CCRD because Colorado’s anti-discrimination laws would have a different definition or standard than federal law. The bill with amendments passed to Senate Appropriations but the future of this legislation is questionable. Obviously, the risk of the EEOC contract is of concern to the General Assembly. Additionally, the legislation carries a $4 million fiscal note in a year with limited funds available for discretionary spending. In other news, HB23-1126 passed 3rd reading in the Senate with amendments requested from the Governor’s office. HB23-1126 concerns removing medical debt from consumer reports. The amendments added a July 2028 repeal date and created a $200,000 study to consider the effects of the bill on a person's creditworthiness, access to credit, medical debt burden and economic stability. Since the House has debated the budget this week, they have yet to concur with Senate amendments. A final thought: April 7 is World Marbles Day. Head to the attic or basement and find your old childhood boxes. Look for that special cat’s-eye marble you had that all your friends wanted. -Alison Morgan, Director of State Government Relations |
