22BF401207E8502A87258988007A7436 Hearing Summary

Senators Gonzales and Winter, co-prime sponsors, presented Senate Bill 23-172, concerning protections for Colorado workers against discriminatory employment practices, and, in connection therewith, making an appropriation.  The bill sponsors discussed modernizing standards surrounding harassment and other reasons for supporting the measure. 

Mrs Loren Furman, representing Colorado Chamber of Commerce, testified in opposition to the bill.

Ann Terry, representing Special District Association of Colorado, testified in opposition to the bill.

Mrs Brooke Colaizzi, representing Colorado Chamber of Commerce & Law Firm of Sherman & Howard, testified in opposition to the bill.

Ms. Dianne Criswell, representing Special District Association of Colorado, was available to answer committee questions.

Committee members asked questions about the definition of harassment in the bill.  Further discussion ensued about affirmative defenses, documenting oral complaints, non disclosure agreements, and potential litigation. 

Converation continued about legal thresholds, affirmative defense, and record keeping requirements. 

Ian Kalmanowitz, representing Colorado Plaintiff Employment Lawyers Association, testified in support of the bill.



Iris Halpern, representing Colorado Women's Bar Association (CWBA), testified in support of the bill.



Michelle Fox, representing themself, testified in support of the bill.

The panel answered questions about affirmative defense language and oral complaints.  Further questions were asked about the severe or pervasive conduct standard, 

Jessica Kostelnik, representing Denver Metro Chamber of Commerce, testified in opposition to the bill.

Rachel Beck, representing Colorado Competitive Council, testified in opposition to the bill.

Jaclyn Terwey, representing Colorado Municipal League, testified in opposition to the bill.

David Dazlich, representing Colorado Springs Chamber & Economic Development Corporation, testified in opposition to the bill.

Ms. Ariel DeFazio, representing themself, testified in support of the bill.

Ms Sharron Pettiford, representing AFL-CIO, testified in support of the bill.

Ms. Jenifer Rodriguez, representing Farm Worker Division of Colorado Legal Services, testified in a neutral position on the bill.

Ms. Kelly McCullough, representing Disability Law Colorado, testified in support of the bill.

Diana Petrak, representing Colorado Policy Pathways, testified in opposition to the bill.

Mrs. Jamie George, representing Ute Water Conservancy District, testified in opposition to the bill.

David Zwisler, representing Northern Colorado Legislative Alliance, testified in opposition to the bill.

Mr. Tony Gagliardi, representing National Federation of Independent Business (NFIB), testified in opposition to the bill.

Jacquelynn Rich Fredericks, representing University of Northern Colorado, testified to amend the bill.

Ms. Lucia Padilla, representing Colorado Mountain College, testified in opposition to the bill.

Eric Bergman, representing Colorado Counties, Inc., testified to amend the bill.

Ellen Pomeroy, representing University of Colorado, testified to amend the bill.

Committee members asked questions about  higher education institutions and the bill's application.   Discussion followed about Title 9 and workplace harassment. 

Ms. Sophie Mariam, representing Colorado Fiscal Institute, testified in support of the bill.

Commissioner Jessica Campbell-Swanson, representing Counties & Commissioners Acting Together (CCAT) & Arapahoe County, testified in support of the bill.

Ms. Kelli Riley, representing themself, testified in support of the bill.

Committee members asked the panel questions about the fiscal note and related policies on a county level. 

Ginny Brown, representing Colorado Department of Regulatory Agencies, testified in opposition to the bill.

Sarah Mercer, representing Colorado Competitive Council - Legal Advisory Committee, testified to amend the bill.

Allan Lewis, representing Natural Grocers , testified in opposition to the bill.

Aubrey Elenis, representing the Civil Rights Division, testified in opposition to the bill.

Committee members asked questions about the U.S. Equal Employment Opportunity Comission (EEOC) and the Colorado Anti-Discrimination Act (CADA).

Ms. Andrea Johnson, representing National Women's Law Center, testified to amend the bill.

Elizabeth Newman, representing CCASA, testified in support of the bill.

Ms. Ellen Buckley, representing Plaintiff Employment Lawyers Association, testified in support of the bill. She distributed a handout (Attachment C). 

Philip Shimel, representing COBALT, testified in support of the bill.

Rachel Ellis, representing Colorado Plaintiff Employment Lawyers Association, testified in support of the bill.

Mr. David Lichtenstein, representing Plaintiffs Employers Lawyers Association, testified in support of the bill.

Christine Breen, representing Plaintiff Employment Lawyers Association and the Colorado Women's Lobby, testified in support of the bill.

Committee members asked quesitons about the EEOC and higher education. 

Written testimony submitted about the bill may be found in Attachment D.

Senator Winter distributed and explained Amendment  L.001 regarding the definition of harassment (Attachment E).

Senator Winter distributed and explained Amendment L.002 about the affirmative defense and a designated depository (Attachment F).

Senator Winter distributed and explained Amendment L.003 about non- disclosure agreements (Attachment G).

The bill sponsors distributed and explained Amendment L.004 about employer record keeping (Attachment H). 

The bill sponsors distributed and explained Amendment L.014, which makes technical changes (Attachment I). 

Senator Gardner  distributed and explained Amendment  L.007, which eliminates the severe or pervasive standard (Attachment J). 

Senator Gardner distributed and explained Amendment L.010 about affirmative defense (Attachment K). 

Senator Garder distributed and explained Amendment L.012 about changes to non disclosure agreements (Attachment L).

The bill sponsors made closing comments. 

Committee members made closing comments.