After years of negotiations and failed attempts, Colorado is making it easier for people to file workplace harassment claims.
Gov. Jared Polis signed into law Tuesday a bill that loosens the legal standard for harassment, so people will no longer have to prove that the behavior has been severe or pervasive.
The measure’s passage was the culmination of countless discussions between advocates for the change and members of the business community, who feared it could open the door to frivolous lawsuits. But unlike attempts in previous years, major business interests eventually agreed to stay neutral on the policy and did not actively work to defeat it.
“We've demonstrated our commitment to try to find a compromise on this issue that would be a balance between employers and employees and not create a more litigious environment,” said Loren Furman, CEO of the Colorado Chamber of Commerce.
Democratic Sen. Faith Winter, the main sponsor of Senate Bill 172, said it was tricky to craft a law that takes into consideration the large variety of workplace situations.
“Finding that right balance that is clear enough, that provides certainty for both employers and employees, but isn't so restrictive that there isn't room for nuance, is a difficult balance to strike,” she said.
Winter herself was the first lawmaker to come forward about sexual harassment at the state capitol back in 2017, eventually leading to the first expulsion of a state lawmaker in a century and changes to the legislature’s workplace standards and disclosure rules.
In 2021, a similar measure failed at the very end of session, when Democrats on a House committee joined Republicans to strike it down. That defeat was a blow to the legislature’s Democratic women in particular; they had collectively ranked the bill as the number one policy they wanted to pass.
Last year negotiations stalled over the definition of harassment, and a bill was never even introduced.
“It has been a very difficult journey and I never take anything for granted,” Winter said.
The sticking point each time around was the definition of harassment: whether and how it should change.
“That is the issue that has really taken probably the majority of the time in all the years of the negotiations,” said Furman.
Previously, the law required someone bringing a complaint to show that the harassment they experienced met the definition of being severe or pervasive enough to create a hostile work environment.
Under Colorado’s new definition of harassment, the behavior doesn’t need to be severe or pervasive if it interferes with a person’s ability to do their job or creates a hostile work environment, or the person doing it makes it so that accepting harassment is a condition of employment or promotion.
The law does clarify that “petty slights, minor annoyances, and lack of good manners do not constitute harassment” unless other factors make it more severe. The court will also consider how frequently the conduct occurred, how many people participated, the location, the duration, whether it was threatening, and if someone used a slur or degrading language and stereotypes against a protected group.
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June 07, 2023 at 05:01AM
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Polis signs workplace harassment bill, removing 'severe or pervasive' requirement - Colorado Public Radio
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