Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0433.02 Kristen Forrestal x4217
HOUSE BILL 24-1260
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING A PROHIBITION AGAI NST DISCIPLINING AN EMPLOYEE101
FOR REFUSING TO PARTICIPATE IN EMPLOYER SPEECH .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill prohibits an employer from requiring an employee to
attend meetings, listen to speech, or view communications concerning
religious or political matters.
The bill also prohibits an employer from threatening an employee,
subjecting an employee to discipline, or discharging an employee on
account of the employee's refusal to attend or participate in an
HOUSE SPONSORSHIP
Duran and Hernandez, Bacon, Brown, deGruy Kennedy, Jodeh, Joseph, Kipp, Lieder,
Lindsay, Lindstedt, Mabrey, Martinez, Mauro, Ortiz, Parenti, Rutinel, Story, Titone, Vigil,
Woodrow, Young
SENATE SPONSORSHIP
Danielson, Cutter, Gonzales, Hinrichsen, Kolker, Michaelson Jenet, Mullica
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. employer-sponsored meeting where the employer communicates religious
or political matters or opinions.
Certain employer communications are exempt from the
prohibition, including communications required by law or that are
necessary for an employee to perform the employee's job duties.
The bill creates a private right of action in district court for
aggrieved persons who prevail in court seeking payment of front pay, lost
wages and compensation, costs, and attorney fees.
Each employer is required to post a notice of the employee rights
outlined in the bill at the employer's workplace.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Workers are the backbone of the state and Colorado4
businesses;5
(b) Political and religious coercion in the workplace is a growing6
problem for workers in all industries, of all backgrounds, and across the7
political spectrum;8
(c) Meetings, such as captive audience meetings, that violate9
worker protections should not be allowed;10
(d) According to a study published by Harvard University, one in11
four workers in the United States has been contacted by their employer12
regarding a political matter, and of these workers, twenty percent received13
messages that included a threat of retaliation;14
(e) Captive audience meetings typically include threats of the15
workplace shutting down or demotion for joining a union or not agreeing16
with the employer, promises of bonuses or raises in exchange for not17
joining the union, disparaging union organizers, and more;18
(f) The requirement to attend captive audience meetings or engage19
in related conversations comes in many forms, including the threat of20
HB24-1260-2- retaliation and discipline; and1
(g) All employees in Colorado should be protected from political2
and religious coercion in the workplace and should be able to exercise3
their rights guaranteed by the First Amendment to the United States4
Constitution, as long as exercising these rights does not substantially5
interfere with the employee's job performance.6
(2) The general assembly further declares that employees should7
have the following rights and should be protected from retaliation,8
including discipline or termination, if they choose to exercise these rights:9
(a) The ability to refuse to attend or participate in an10
employer-sponsored meeting where there is religious or political content;11
and12
(b) The ability to refuse to listen to speech or view13
communications where religious or political matters are communicated.14
SECTION 2. In Colorado Revised Statutes, add 8-2-132 as15
follows:16
8-2-132. Employer - employee - responsibilities - political17
matters - religious matters - prohibition against discipline or18
discharge - exceptions - definitions. (1) A
S USED IN THIS SECTION,19
UNLESS THE CONTEXT OTHERWISE REQUIRES :20
(a) "E
MPLOYEE" MEANS A PERSON EMPLOYED BY AN EMPLOYER .21
(b) "E
MPLOYER" MEANS THE STATE OR ANY POLITICAL22
SUBDIVISION, COMMISSION, DEPARTMENT, INSTITUTION, OR SCHOOL23
DISTRICT OF THE STATE AND EVERY OTHER PERSON EMPLOYING AN24
INDIVIDUAL IN THE STATE.25
(c) "P
OLITICAL MATTERS" MEANS MATTERS RELATING TO26
ELECTIONS FOR POLITICAL OFFICE , POLITICAL PARTIES, LEGISLATION,27
HB24-1260
-3- REGULATIONS, AND THE DECISION TO JOIN OR SUPPORT ANY POLITICAL1
PARTY OR POLITICAL, CIVIC, COMMUNITY, FRATERNAL, OR LABOR2
ORGANIZATION.3
(2) E
XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, AN4
EMPLOYER SHALL NOT:5
(a) R
EQUIRE AN EMPLOYEE TO ATTEND MEETINGS , LISTEN TO6
SPEECH, OR VIEW COMMUNICATIONS THAT INCLUDE RELIGIOUS OR7
POLITICAL MATTERS; OR8
(b) S
UBJECT OR THREATEN TO SUBJECT AN EMPLOYEE TO9
DISCIPLINE OR DISCHARGE ON ACCOUNT OF THE EMPLOYEE 'S REFUSAL TO10
LISTEN TO SPEECH OR VIEW RELIGIOUS OR POLITICAL COMMUNICATIONS11
FROM THE EMPLOYER.12
(3) T
HIS SECTION DOES NOT PROHIBIT:13
(a) A
N EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE,14
OR DESIGNEE, FROM COMMUNICATING TO THE EMPLOYER 'S EMPLOYEES15
REGARDING ANY INFORMATION THAT THE EMPLOYER IS REQUIRED BY LAW16
TO COMMUNICATE , BUT ONLY TO THE EXTENT OF SUCH LEGAL17
REQUIREMENT;18
(b) A
N EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE,19
OR DESIGNEE, FROM COMMUNICATING TO THE EMPLOYER 'S EMPLOYEES20
ANY INFORMATION THAT IS NECESSARY FOR SUCH EMPLOYEES TO PERFORM21
THEIR JOB DUTIES;22
(c) A
N INSTITUTION OF HIGHER EDUCATION , OR AN AGENT,23
REPRESENTATIVE, OR DESIGNEE OF AN INSTITUTION OF HIGHER24
EDUCATION, FROM MEETING WITH OR PARTICIPATING IN ANY25
COMMUNICATIONS WITH THE INSTITUTION OF HIGHER EDUCATION 'S26
EMPLOYEES THAT ARE PART OF COURSEWORK , SYMPOSIA, OR AN27
HB24-1260
-4- ACADEMIC PROGRAM AT THE INSTITUTION ;1
(d) A
K-12 PUBLIC OR PRIVATE SCHOOL OR SCHOOL DISTRICT , OR2
AN AGENT, REPRESENTATIVE, OR DESIGNEE OF A K-12 PUBLIC OR PRIVATE3
SCHOOL OR SCHOOL DISTRICT, FROM MEETING WITH OR PARTICIPATING IN4
ANY COMMUNICATIONS WITH THE K-12 PUBLIC OR PRIVATE SCHOOL'S OR5
SCHOOL DISTRICT'S EMPLOYEES WHEN THE RELIGIOUS OR POLITICAL6
MATERIAL IS RELATED TO COURSEWORK AT THE K-12 PUBLIC OR PRIVATE7
SCHOOL; OR8
(e) C
ASUAL CONVERSATIONS BETWEEN EMPLOYEES OR BETWEEN9
AN EMPLOYEE AND AN AGENT , REPRESENTATIVE, OR DESIGNEE OF AN10
EMPLOYER, IF PARTICIPATION IN SUCH CONVERSATIONS IS NOT REQUIRED.11
(4) (a) W
ITHIN ONE YEAR AFTER AN ALLEGED VIOLATION OF12
SUBSECTION (2) OF THIS SECTION, AN AGGRIEVED PERSON MAY FILE AN13
ACTION IN A DISTRICT COURT OF COMPETENT JURISDICTION TO ENFORCE14
COMPLIANCE WITH THIS SECTION.15
(b) I
F THE DISTRICT COURT FINDS THAT AN EMPLOYER HAS16
VIOLATED THIS SECTION, THE COURT MAY ORDER AFFIRMATIVE RELIEF17
THAT INCLUDES:18
(I) T
HE REINSTATEMENT OF AN AGGRIEVED EMPLOYEE WHO WAS19
SEPARATED FROM EMPLOYMENT TO THE EMPLOYEE 'S FORMER POSITION OF20
EMPLOYMENT;21
(II) T
HE GREATER OF TEN THOUSAND DOLLARS AWARDED TO THE22
AGGRIEVED EMPLOYEE OR ACTUAL DAMAGES RESULTING FROM THE23
VIOLATION, INCLUDING BACK PAY AND BENEFITS TO A REINSTATED24
EMPLOYEE OR FRONT PAY TO AN EMPLOYEE WHO DOES NOT SEEK25
REINSTATEMENT;26
(III) U
P TO TEN THOUSAND DOLLARS IN ADDITIONAL PENALTIES IF27
HB24-1260
-5- THE EMPLOYER HAS ENGAGED IN THE SAME OR SIMILAR VIOLATIONS OF1
THIS SECTION IN THE SIX MONTHS PRIOR TO THE ALLEGED VIOLATION ,2
WHICH PRIOR VIOLATIONS AFFECTED THE SAME OR SIMILARLY SITUATED3
EMPLOYEES;4
(IV) E
QUITABLE RELIEF DEEMED APPROPRIATE BY THE DISTRICT5
COURT; AND6
(V) C
OURT COSTS AND ATTORNEY FEES INCURRED BY THE7
AGGRIEVED EMPLOYEE.8
(5) T
HIS SECTION DOES NOT APPLY TO A RELIGIOUS CORPORATION ,9
ENTITY, ASSOCIATION, EDUCATIONAL INSTITUTION, OR SOCIETY THAT IS10
EXEMPT FROM THE REQUIREMENTS OF TITLE VII OF THE "CIVIL RIGHTS11
A
CT OF 1964", 42 U.S.C. SEC. 2000e-1 (a), AS AMENDED, WITH RESPECT12
TO SPEECH ON RELIGIOUS MATTERS TO EMPLOYEES WHO PERFORM WORK13
CONNECTED WITH THE ACTIVITIES UNDERTAKEN BY SUCH RELIGIOUS14
CORPORATION, ENTITY, ASSOCIATION, EDUCATIONAL INSTITUTION, OR15
SOCIETY.16
(6) N
OTHING IN THIS SECTION IS INTENDED TO CIRCUMVENT ANY17
EMPLOYER OBLIGATIONS UNDER PART 4 OF ARTICLE 34 OF TITLE 24;18
SECTION 24-34-601; TITLE VII OF THE FEDERAL "CIVIL RIGHTS ACT OF19
1964",
42 U.S.C. SEC. 2000e ET SEQ.; AS AMENDED; OR ANY OTHER20
ANTIDISCRIMINATION LAW.21
(7) A
N EMPLOYER SHALL DISTRIBUTE A NOTICE PROVIDED BY THE22
DEPARTMENT OF LABOR AND EMPLOYMENT TO EACH EMPLOYEE TO23
INFORM THE EMPLOYEE OF THE EMPLOYEE 'S RIGHTS PURSUANT TO THIS24
SECTION. THE EMPLOYER SHALL DISTRIBUTE THE NOTICE IN THE SAME25
MANNER THAT IT DISTRIBUTES OTHER LEGAL NOTICES , WHETHER BY26
POSTING AT EMPLOYER WORK SITES OR DISTRIBUTING THROUGH THE27
HB24-1260
-6- EMPLOYER'S E-MAIL SYSTEM OR OTHER REGULARLY USED1
COMMUNICATION.2
SECTION 3. Safety clause. The general assembly finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety or for appropriations for5
the support and maintenance of the departments of the state and state6
institutions.7
HB24-1260
-7-