Proponents to Remove the “Severe or Pervasive” Standard from Colorado’s Workplace Harassment Reform Bill withdraw Proposed Legislation.

By Jordan Brickman

Colorado lawmakers abandoned yet another attempt to pass Protecting Opportunities and Workers’ Rights Act (“POWR”), which would have removed the longstanding “severe or pervasive” standard from Colorado sexual harassment claims for a much easier standard to prove.[1]   

 The business community opposed the bill and feared that removing the “severe or pervasive” standard would open the flood gates, exposing employers to higher risks of claims.[2] Proponents will, however, move forward this year with a slimmed down version of POWR, which expands existing workplace protections to people who clean homes or perform other domestic work and gives people 300 days (up from 6 months) after an alleged discriminatory act to file a charge of discrimination.  Proponents vow to try removing the “severe or pervasive” standard next year.[3]

 Takeaway:

 Colorado employers have at least another year to defend sexual harassment suits by claiming acts were not “severe or pervasive,” but should be prepared for legislation in 2023 that may again try to change the sexual harassment standard.  Campbell Litigation will continue to monitor this session’s proposed legislation and its progeny to provide clients with thoughtful and researched analysis.

 [1] Alex Burness, Controversial workplace harassment reform collapses — again — at the Colorado legislature, The Denver Post, Mar. 22, 2022.

[2] Id.

[3] Id.