The Protecting Opportunities and Workers’ Rights Act has been in effect for nearly two years in Colorado. Known as the POWR Act, it greatly expanded the shields granted to employees when they are confronted with discriminatory behavior and harassment on the job.
Despite it being in effect since August 2023, workers might still be unsure of how it can help them when they believe they have been mistreated in the workplace. Given how there is current national debate as to how far worker rights should go and what employers are and are not allowed to do, it is imperative for people to understand their options.
How has the POWR Act expanded worker protections?
While there are federal laws in place protecting workers from discrimination, the POWR Act expands on them. It addresses harassment, disability accommodation and those who are in a protected class.
For example, workers cannot be harassed, mistreated or discriminated against because of their gender identity, sexual orientation or marital status. This is important as these protections could be rolled back by federal government mandate. Employers are expected to provide reasonable accommodations to people with disabilities.
Since harassment – sexual and otherwise – can be such a complex issue and is often up to interpretation, the POWR Act lowered the threshold to show that harassment has taken place.
Employers are also required to show they have a program to stop and avoid harassment, making it more difficult to make an affirmative defense. Employers would no longer be able to say that the alleged harasser was aware of the policy, but did not adhere to it.
The objective is to give employees an incentive to come forward. In the past, they might have been reluctant to do so because they were unsure if the behavior constituted harassment or discrimination or if their complaints would yield any worthwhile results.
Colorado’s laws strive to protect workers and give them options
Since employment law is at the forefront of a national debate as to how far worker protections should go and what constitutes harassment and discrimination, it is critical for Colorado workers to know their state has the POWR Act in place to benefit them if they believe they have been wronged. To move forward with a claim, it is useful to have qualified and aggressive representation to pursue a case.