Colorado Employment Harassment Package
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How to fill out Employment Harassment Package?
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FAQ
Update Anti-Harassment and Anti-Discrimination Policies: The POWR Act lowers the standard for harassment claims in Colorado by eliminating the severe and pervasive requirement for most claims and adding affirmative defense requirements.
The factors for consideration include: The nature, severity, and frequency of the conduct. Whether the conduct was by a co-worker, supervisor, or customer. Effect of the conduct on the complainant's mental or emotional state. Whether others joined in the conduct. Whether the conduct was directed at more than one person.
In the event they prevail, employees may recover typical tort damages, including their actual damages (such as for lost wages and benefits), damages for emotional distress, and even punitive damages in the event they prove that the employer's agents acted with malice.
The POWR Act was signed by Gov. Polis on June 6, 2023, and will take effect Aug. 6, 2023. Workplace harassment based on an individual's membership in a protected class is unlawful discrimination under both state and federal law, but only certain conduct met the requisite level of severity to be actionable.
There are two basic types of unlawful workplace harassment: harassment that results in a ?tangible employment action? (also referred to as ?Quid Pro Quo?) and ?hostile work environment? harassment.
For information regarding discrimination, contact the Colorado Civil Rights Division (303-894-2997 or 800-262-4845) or the Equal Employment Opportunity Commission (EEOC) (303-866-1300 or 800-669-4000).
Harassment can be a criminal offense under Colorado CRS 18-9-111 if you intentionally bother, annoy or alarm someone by way of repeated contact, obscene gestures, hitting, taunting, or following in public. A conviction can be a petty offense or a misdemeanor.
A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she: Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or. In a public place directs obscene language or makes an obscene gesture to or at another person; or.