Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0433.02 Kristen Forrestal x4217
HOUSE BILL 24-1260
House Committees Senate Committees
Business Affairs & Labor Business, Labor, & Technology
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING A PROHIBITION AGAI NST DISCIPLINING AN EMPLOYEE101
FOR REFUSING TO PARTICIPATE IN EMPLOYER
SPEECH, AND, IN102
CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
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
SENATE
2nd Reading Unamended
May 3, 2024
HOUSE
3rd Reading Unamended
April 29, 2024
HOUSE
Amended 2nd Reading
April 26, 2024
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, Amabile, Boesenecker, Clifford, Daugherty, English, Epps, Froelich,
Garcia, Hamrick, Herod, Lukens, Marvin, Ricks, Sirota, Velasco, Weissman, Willford
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. account of the employee's refusal to attend or participate in an
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
1260-2- in related conversations comes in many forms, including the threat of1
retaliation and discipline; 2
(g) All employees in Colorado should be protected from political3
and religious coercion in the workplace and should be able to exercise4
their rights to opt out of political or religious meetings without fear of5
retaliation from an employer, as long as the meetings are not required by6
law and are not essential to the employee's job performance; and7
(h) While it is important to provide protections to employees, the8
protections should not interfere with the ability of employers to provide9
diversity, equity, and inclusion training to employees.10
(2) The general assembly further declares that employees should11
have the following rights and should be protected from retaliation,12
including discipline or termination, if they choose to exercise these rights:13
(a) The ability to refuse to attend or participate in an14
employer-sponsored meeting where there is religious or political content;15
and16
(b) The ability to refuse to listen to speech or view17
communications where religious or political matters are communicated.18
(3) The general assembly further declares that the protections in19
this act are not intended to:20
(a) Interfere with an employer's right to free speech;21
(b) Prohibit an employer's obligation to provide legally required22
trainings, such as sexual harassment training, or employer-initiated23
trainings related to diversity, equity, and inclusion; 24
(c) Extend to employees in schools or hospitals run by religious25
institutions when discussing religious matters; or26
(d) Prohibit an employee from performing any aspects of required27
1260
-3- job duties.1
SECTION 2. In Colorado Revised Statutes, add 8-2-132 as2
follows:3
8-2-132. Employer - employee - responsibilities - political4
matters - religious matters - prohibition against discipline or5
discharge - exceptions - definitions. (1) A
S USED IN THIS SECTION,6
UNLESS THE CONTEXT OTHERWISE REQUIRES :7
(a) "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND8
EMPLOYMENT.9
(b) "EMPLOYEE" MEANS A PERSON EMPLOYED BY AN EMPLOYER .10
(c) "EMPLOYER" MEANS THE STATE OR ANY POLITICAL11
SUBDIVISION, COMMISSION, DEPARTMENT, INSTITUTION, OR SCHOOL12
DISTRICT OF THE STATE AND EVERY OTHER PERSON EMPLOYING AN13
INDIVIDUAL IN THE STATE.14
(d) "POLITICAL MATTERS" MEANS MATTERS RELATING TO15
ELECTIONS FOR POLITICAL OFFICE , POLITICAL PARTIES, LEGISLATION,16
REGULATIONS, AND THE DECISION TO JOIN OR SUPPORT ANY POLITICAL17
PARTY OR POLITICAL, FRATERNAL, OR LABOR ORGANIZATION OR ANY18
NONPROFIT ORGANIZATION ESTABLISHED FOR CHARITABLE OR COMMUNITY19
WELFARE PURPOSES.20
(e) "RELIGIOUS MATTERS" MEANS MATTERS RELATING TO21
RELIGIOUS AFFILIATION AND PRACTICE AND THE DECISION TO JOIN OR22
SUPPORT ANY RELIGIOUS ORGANIZATION OR A NONPROFIT ORGANIZATION23
ESTABLISHED FOR CHARITABLE OR COMMUNITY WELFARE PURPOSES .24
(2) (a) EXCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION,25
AN EMPLOYER SHALL NOT SUBJECT OR THREATEN TO SUBJECT AN26
EMPLOYEE TO DISCIPLINE, DISCHARGE, OR AN ADVERSE EMPLOYMENT27
1260
-4- ACTION ON ACCOUNT OF THE EMPLOYEE'S REFUSAL TO ATTEND OR1
PARTICIPATE IN AN EMPLOYER -SPONSORED MEETING CONCERNING2
RELIGIOUS OR POLITICAL MATTERS OR FOR DECLINING TO LISTEN TO3
SPEECH OR VIEW RELIGIOUS OR POLITICAL COMMUNICATIONS FROM THE4
EMPLOYER OR THE AGENT, REPRESENTATIVE, OR DESIGNEE OF THE5
EMPLOYER.6
(b) WITH REGARD TO EMPLOYEES OF THE STATE OF COLORADO,7
THE PROHIBITIONS IN SUBSECTION (2)(a) OF THIS SECTION APPLY ONLY TO8
MEETINGS AND COMMUNICATIONS RELATING TO THE DECISION OF A STATE9
EMPLOYEE TO JOIN OR SUPPORT A FRATERNAL OR LABOR ORGANIZATION.10
(3) T
HIS SECTION DOES NOT PROHIBIT:11
(a) A
N EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE,12
OR DESIGNEE, FROM COMMUNICATING TO THE EMPLOYER 'S EMPLOYEES13
REGARDING ANY INFORMATION THAT THE EMPLOYER IS REQUIRED
BY14
LAW, A COURT ORDER, OR AN AGREEMENT WITH A GOVERNMENTAL ENTITY15
TO COMMUNICATE TO EMPLOYEES, BUT ONLY TO THE EXTENT OF THE16
LEGAL REQUIREMENT;17
(b) AN EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE,18
OR DESIGNEE, FROM COMMUNICATING TO THE EMPLOYER'S EMPLOYEES OR19
FROM REQUIRING AN EMPLOYEE TO LISTEN TO ANY INFORMATION OR20
TRAINING THAT IS NECESSARY FOR SUCH EMPLOYEES TO PERFORM THEIR21
JOB DUTIES OR THAT IS REQUIRED TO PREVENT OR ADDRESS UNLAWFUL22
DISCRIMINATION AND HARASSMENT BASED ON A PROTECTED CLASS ;23
(c) AN EMPLOYER FROM REQUIRING THAT AN EMPLOYEE ATTEND24
A MEETING OR EVENT, LISTEN TO SPEECH, OR VIEW COMMUNICATIONS25
CONCERNING RELIGIOUS OR POLITICAL MATTERS AS NECESSARY FOR THE26
EMPLOYEE TO PERFORM THEIR LAWFULLY REQUIRED JOB DUTIES ;27
1260
-5- (d) AN INSTITUTION OF HIGHER EDUCATION , OR AN AGENT,1
REPRESENTATIVE, OR DESIGNEE OF AN INSTITUTION OF HIGHER2
EDUCATION, FROM MEETING WITH OR PARTICIPATING IN ANY3
COMMUNICATIONS WITH THE INSTITUTION OF HIGHER EDUCATION 'S4
EMPLOYEES THAT ARE PART OF COURSEWORK , SYMPOSIA, OR AN5
ACADEMIC PROGRAM AT THE INSTITUTION ;6
(e) A K-12 PUBLIC OR PRIVATE SCHOOL OR SCHOOL DISTRICT , OR7
AN AGENT, REPRESENTATIVE, OR DESIGNEE OF A K-12 PUBLIC OR PRIVATE8
SCHOOL OR SCHOOL DISTRICT, FROM MEETING WITH OR PARTICIPATING IN9
ANY COMMUNICATIONS WITH THE K-12 PUBLIC OR PRIVATE SCHOOL'S OR10
SCHOOL DISTRICT'S EMPLOYEES WHEN THE RELIGIOUS OR POLITICAL11
MATTER IS RELATED TO COURSEWORK AT THE K-12 PUBLIC OR PRIVATE12
SCHOOL; OR13
(f) VOLUNTARY CONVERSATIONS BETWEEN EMPLOYEES OR14
BETWEEN AN EMPLOYEE AND AN AGENT , REPRESENTATIVE, OR DESIGNEE15
OF AN EMPLOYER, IF PARTICIPATION IN SUCH CONVERSATIONS IS NOT16
REQUIRED.17
(4) (a) AN AGGRIEVED PERSON MAY SEEK RELIEF FOR A VIOLATION18
OF THIS SECTION BY:19
(I) FILING A COMPLAINT WITH THE DEPARTMENT ; OR20
(II) FILING AN ACTION IN A DISTRICT COURT OF COMPETENT21
JURISDICTION TO ENFORCE THIS SECTION.22
(b) AN AGGRIEVED PERSON SEEKING RELIEF FOR A VIOLATION OF23
THIS SECTION SHALL:24
(I) EXHAUST ALL AVAILABLE ADMINISTRATIVE REMEDIES BEFORE25
FILING AN ACTION IN DISTRICT COURT; AND26
(II) FILE A COMPLAINT WITH THE DEPARTMENT AGAINST AN27
1260
-6- EMPLOYER WITHIN ONE YEAR AFTER AN ALLEGED VIOLATION OF THIS1
SECTION.2
(c) ON OR BEFORE THE DATE THE DEPARTMENT MAKES A3
COMPLAINT FORM PUBLICLY AVAILABLE , AN AGGRIEVED PERSON MAY FILE4
A COMPLAINT FOR A VIOLATION OF THIS SECTION WITH THE DEPARTMENT5
IN ANY FORM, INCLUDING BY UNITED STATES MAIL OR ELECTRONIC MAIL.6
(d) AFTER THE DATE THE DEPARTMENT MAKES A COMPLAINT FORM7
PUBLICLY AVAILABLE, AN AGGRIEVED PERSON SHALL FILE A COMPLAINT8
ONLY BY COMPLETING THE REQUIRED FORM .9
(e) AFTER RECEIVING A COMPLAINT, THE DEPARTMENT SHALL:10
(I) INVESTIGATE THE COMPLAINT FILED AGAINST THE EMPLOYER11
FOR AN ALLEGED VIOLATION OF THIS ARTICLE 2; OR12
(II) AUTHORIZE AN AGGRIEVED PERSON TO PROCEED WITH AN13
ACTION IN DISTRICT COURT.14
(f) (I) ON AND WITHIN SIXTY DAYS AFTER THE DATE A COMPLAINT15
IS FILED AND BEFORE THE DEPARTMENT ISSUES A WRI TTEN16
DETERMINATION, AN AGGRIEVED PERSON MAY REQUEST AND THE17
DEPARTMENT SHALL GRANT SUCH AGGRIEVED PERSON WRITTEN18
AUTHORIZATION TO PROCEED WITH AN ACTION IN DISTRICT COURT .19
(II) AT THE TIME THAT THE AGGRIEVED PERSON FILES AN ACTION20
IN DISTRICT COURT, THE AGGRIEVED PERSON SHALL PROVIDE WRITTEN21
NOTICE OF THE FILING TO THE DEPARTMENT AND THE DEPARTMENT SHALL22
TERMINATE ITS INVESTIGATION.23
(III) AN AGGRIEVED PERSON WHO RECEIVES WRITTEN24
AUTHORIZATION PURSUANT TO THIS SUBSECTION (4) IS DEEMED TO HAVE25
EXHAUSTED ADMINISTRATIVE REMEDIES .26
(g) IF, AFTER CONDUCTING AN INVESTIGATION, THE DEPARTMENT:27
1260
-7- (I) DOES NOT FIND A VIOLATION, THE DEPARTMENT SHALL PROVIDE1
THE BASIS FOR ITS DETERMINATION IN WRITING AND AUTHORIZE THE2
AGGRIEVED PERSON TO PROCEED WITH AN ACTION IN A DISTRICT COURT OF3
COMPETENT JURISDICTION. THE AGGRIEVED PERSON IS DEEMED TO HAVE4
EXHAUSTED ALL ADMINISTRATIVE REMEDIES AFTER THE DETERMINATION5
AND AUTHORIZATION IS ISSUED.6
(II) FINDS ONE OR MORE VIOLATIONS, THE DEPARTMENT SHALL7
PROVIDE THE BASIS FOR THE DETERMINATION IN WRITING AND MAY8
AWARD THE SAME AFFIRMATIVE RELIEF AS A DISTRICT COURT PURSUANT9
TO SUBSECTION (4)(j) OF THIS SECTION.10
(h) (I) THE DETERMINATION OF THE DEPARTMENT IS A FINAL11
AGENCY ACTION PURSUANT TO SECTION 24-4-106, AND, AFTER THE12
DETERMINATION, SECTION 8-4-113 (2) APPLIES.13
(II) THE DETERMINATION OF THE DEPARTMENT MAY BE APPEALED14
ONLY BY COMMENCING AN ACTION FOR JUDICIAL REVIEW IN THE DISTRICT15
COURT OF COMPETENT JURISDICTION WITHIN THIRTY-FIVE CALENDAR DAYS16
AFTER THE DATE OF MAILING OF THE DETERMINATION BY THE17
DEPARTMENT. JUDICIAL REVIEW IS LIMITED TO APPEAL BRIEFS AND THE18
RECORD DESIGNATED ON APPEAL .19
(i) AN AGGRIEVED INDIVIDUAL MAY , WITHIN ONE HUNDRED20
EIGHTY DAYS AFTER EXHAUSTING ALL AVAILABLE ADMINISTRATIVE21
REMEDIES, COMMENCE AN ACTION IN DISTRICT COURT OF COMPETENT22
JURISDICTION AGAINST AN EMPLOYER FOR A VIOLATION OF THIS SECTION.23
(j) IF THE DISTRICT COURT FINDS THAT AN EMPLOYER HAS24
VIOLATED THIS SECTION, THE COURT MAY ORDER AFFIRMATIVE RELIEF25
THAT INCLUDES:26
(I) T
HE REINSTATEMENT OF AN AGGRIEVED EMPLOYEE WHO WAS27
1260
-8- SEPARATED FROM EMPLOYMENT TO THE EMPLOYEE 'S FORMER POSITION OF1
EMPLOYMENT;2
(II) T
HE GREATER OF TEN THOUSAND DOLLARS AWARDED TO THE3
AGGRIEVED EMPLOYEE OR ACTUAL DAMAGES RESULTING FROM THE4
VIOLATION, INCLUDING BACK PAY AND BENEFITS TO A REINSTATED5
EMPLOYEE OR FRONT PAY TO AN EMPLOYEE WHO DOES NOT SEEK6
REINSTATEMENT;7
(III) U
P TO TEN THOUSAND DOLLARS IN ADDITIONAL PENALTIES IF8
THE EMPLOYER HAS ENGAGED IN THE SAME OR SIMILAR VIOLATIONS OF9
THIS SECTION IN THE SIX MONTHS PRIOR TO THE ALLEGED VIOLATION ,10
WHICH PRIOR VIOLATIONS AFFECTED THE SAME OR SIMILARLY SITUATED11
EMPLOYEES;12
(IV) E
QUITABLE RELIEF DEEMED APPROPRIATE BY THE DISTRICT13
COURT; AND14
(V) C
OURT COSTS AND ATTORNEY FEES INCURRED BY THE15
AGGRIEVED EMPLOYEE.16
(5) FOR AN ALLEGED VIOLATION OF SUBSECTION (2) OF THIS17
SECTION AGAINST AN EMPLOYER, THE EMPLOYER HAS AN AFFIRMATIVE18
DEFENSE TO THE ALLEGATION IF THE EMPLOYER ESTABLISHES THAT THE19
EMPLOYER CONVEYED IN CLEAR AND CONSPICUOUS TERMS THAT THE20
EMPLOYEE HAD THE OPTION TO LEAVE THE MEETING WHERE THE21
VIOLATION ALLEGEDLY TOOK PLACE .22
(6) THIS SECTION DOES NOT APPLY TO A RELIGIOUS CORPORATION ,23
ENTITY, ASSOCIATION, EDUCATIONAL INSTITUTION , NONPROFIT24
FAITH-BASED HEALTH SYSTEM, NONPROFIT FAITH-BASED HEALTH25
FACILITY, OR SOCIETY THAT IS EXEMPT FROM THE REQUIREMENTS OF TITLE26
VII
OF THE "CIVIL RIGHTS ACT OF 1964", 42 U.S.C. SEC. 2000e-1 (a), AS27
1260
-9- AMENDED, WITH RESPECT TO SPEECH ON RELIGIOUS MATTERS TO1
EMPLOYEES WHO PERFORM WORK CONNECTED WITH THE ACTIVITIES2
UNDERTAKEN BY SUCH RELIGIOUS CORPORATION , ENTITY, ASSOCIATION,3
EDUCATIONAL INSTITUTION, NONPROFIT FAITH-BASED HEALTH SYSTEM,4
NONPROFIT FAITH-BASED HEALTH FACILITY, OR SOCIETY.5
(7) NOTHING IN THIS SECTION IS INTENDED TO CIRCUMVENT ANY6
EMPLOYER OBLIGATIONS UNDER PART 4 OF ARTICLE 34 OF TITLE 24; 7
T
ITLE VII OF THE FEDERAL "CIVIL RIGHTS ACT OF 1964", 42 U.S.C. SEC.8
2000e
ET SEQ.; AS AMENDED; OR ANY OTHER ANTIDISCRIMINATION LAW .9
(8) AN EMPLOYER SHALL DISTRIBUTE A NOTICE PROVIDED BY THE10
DEPARTMENT TO EACH EMPLOYEE TO INFORM THE EMPLOYEE OF THE11
EMPLOYEE'S RIGHTS PURSUANT TO THIS SECTION. THE EMPLOYER SHALL12
DISTRIBUTE THE NOTICE IN THE SAME MANNER THAT IT DISTRIBUTES13
OTHER LEGAL NOTICES, WHETHER BY POSTING AT EMPLOYER WORK SITES14
OR DISTRIBUTING THROUGH THE EMPLOYER 'S E-MAIL SYSTEM OR OTHER15
REGULARLY USED COMMUNICATION .16
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal17
year, $278,564 is appropriated to the department of labor and employment18
for use by the division of labor standards and statistics. This appropriation19
is from the general fund and is based on an assumption that the division20
will require an additional 2.8 FTE. To implement this act, the division21
may use this appropriation for program costs related to labor standards.22
SECTION 4. Safety clause. The general assembly finds,23
determines, and declares that this act is necessary for the immediate24
preservation of the public peace, health, or safety or for appropriations for25
the support and maintenance of the departments of the state and state26
institutions.27
1260
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