Colorado 2024 Regular Session

Colorado House Bill HB1260 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0433.02 Kristen Forrestal x4217
1	8		HOUSE BILL 24-1260
2		-	BY REPRESENTATIVE(S) Duran and Hernandez, Bacon, Brown,
3		-	deGruy Kennedy, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Mabrey,
4		-	Martinez, Mauro, Ortiz, Parenti, Rutinel, Story, Titone, Vigil, Woodrow,
5		-	Young, Amabile, Boesenecker, Clifford, Daugherty, English, Epps,
6		-	Froelich, Garcia, Hamrick, Herod, Lukens, Marvin, Ricks, Sirota, Velasco,
7		-	Weissman, Willford;
8		-	also SENATOR(S) Danielson, Cutter, Gonzales, Hinrichsen, Kolker,
9		-	Michaelson Jenet, Mullica, Buckner, Exum, Fields, Jaquez Lewis,
10		-	Marchman, Sullivan.
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Business, Labor, & Technology
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
11	13		C
12		-	ONCERNING A PROHIBITION AGAINST DISCIPLINING AN EMPLOYEE FOR
13		-	REFUSING TO PARTICIPATE IN EMPLOYER SPEECH
14		-	, AND, IN
15		-	CONNECTION THEREWITH
16		-	, MAKING AN APPROPRIATION.
17		-
18		-	Be it enacted by the General Assembly of the State of Colorado:
19		-	SECTION 1. Legislative declaration. (1) The general assembly
20		-	finds and declares that:
21		-	(a) Workers are the backbone of the state and Colorado businesses;
22		-	(b) Political and religious coercion in the workplace is a growing
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. problem for workers in all industries, of all backgrounds, and across the
31		-	political spectrum;
32		-	(c) Meetings, such as captive audience meetings, that violate worker
33		-	protections should not be allowed;
34		-	(d) According to a study published by Harvard University, one in
35		-	four workers in the United States has been contacted by their employer
36		-	regarding a political matter, and of these workers, twenty percent received
37		-	messages that included a threat of retaliation;
38		-	(e) Captive audience meetings typically include threats of the
39		-	workplace shutting down or demotion for joining a union or not agreeing
40		-	with the employer, promises of bonuses or raises in exchange for not
41		-	joining the union, disparaging union organizers, and more;
42		-	(f) The requirement to attend captive audience meetings or engage
43		-	in related conversations comes in many forms, including the threat of
44		-	retaliation and discipline;
45		-	(g) All employees in Colorado should be protected from political
46		-	and religious coercion in the workplace and should be able to exercise their
47		-	rights to opt out of political or religious meetings without fear of retaliation
48		-	from an employer, as long as the meetings are not required by law and are
49		-	not essential to the employee's job performance; and
50		-	(h) While it is important to provide protections to employees, the
51		-	protections should not interfere with the ability of employers to provide
52		-	diversity, equity, and inclusion training to employees.
53		-	(2) The general assembly further declares that employees should
54		-	have the following rights and should be protected from retaliation, including
55		-	discipline or termination, if they choose to exercise these rights:
56		-	(a) The ability to refuse to attend or participate in an
57		-	employer-sponsored meeting where there is religious or political content;
58		-	and
59		-	(b) The ability to refuse to listen to speech or view communications
60		-	where religious or political matters are communicated.
61		-	PAGE 2-HOUSE BILL 24-1260 (3) The general assembly further declares that the protections in this
62		-	act are not intended to:
63		-	(a) Interfere with an employer's right to free speech;
64		-	(b) Prohibit an employer's obligation to provide legally required
65		-	trainings, such as sexual harassment training, or employer-initiated trainings
66		-	related to diversity, equity, and inclusion;
67		-	(c) Extend to employees in schools or hospitals run by religious
68		-	institutions when discussing religious matters; or
69		-	(d) Prohibit an employee from performing any aspects of required
70		-	job duties.
71		-	SECTION 2. In Colorado Revised Statutes, add 8-2-133 as
72		-	follows:
73		-	8-2-133. Employer - employee - responsibilities - political
74		-	matters - religious matters - prohibition against discipline or discharge
75		-	- exceptions - definitions. (1) A
76		-	S USED IN THIS SECTION, UNLESS THE
77		-	CONTEXT OTHERWISE REQUIRES
78		-	:
79		-	(a) "D
80		-	EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
81		-	EMPLOYMENT
82		-	.
83		-	(b) "E
84		-	MPLOYEE" MEANS A PERSON EMPLOYED BY AN EMPLOYER .
85		-	(c) "E
86		-	MPLOYER" MEANS THE STATE OR ANY POLITICAL SUBDIVISION,
87		-	COMMISSION, DEPARTMENT, INSTITUTION, OR SCHOOL DISTRICT OF THE
88		-	STATE AND EVERY OTHER PERSON EMPLOYING AN INDIVIDUAL IN THE STATE
89		-	.
90		-	(d) "P
91		-	OLITICAL MATTERS" MEANS MATTERS RELATING TO ELECTIONS
92		-	FOR POLITICAL OFFICE
93		-	, POLITICAL PARTIES, LEGISLATION, REGULATIONS, AND
94		-	THE DECISION TO JOIN OR SUPPORT ANY POLITICAL PARTY OR POLITICAL
95		-	,
96		-	FRATERNAL, OR LABOR ORGANIZATION OR ANY NONPROFIT ORGANIZATION
97		-	ESTABLISHED FOR CHARITABLE OR COMMUNITY WELFARE PURPOSES
98		-	.
99		-	(e) "R
100		-	ELIGIOUS MATTERS" MEANS MATTERS RELATING TO RELIGIOUS
101		-	AFFILIATION AND PRACTICE AND THE DECISION TO JOIN OR SUPPORT ANY
102		-	PAGE 3-HOUSE BILL 24-1260 RELIGIOUS ORGANIZATION OR A NONPROFIT ORGANIZATION ESTABLISHED
103		-	FOR CHARITABLE OR COMMUNITY WELFARE PURPOSES
104		-	.
105		-	(2) (a) E
106		-	XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, AN
107		-	EMPLOYER SHALL NOT SUBJECT OR THREATEN TO SUBJECT AN EMPLOYEE TO
108		-	DISCIPLINE
109		-	, DISCHARGE, OR AN ADVERSE EMPLOYMENT ACTION ON ACCOUNT
110		-	OF THE EMPLOYEE
111		-	'S REFUSAL TO ATTEND OR PARTICIPATE IN AN
112		-	EMPLOYER
113		-	-SPONSORED MEETING CONCERNING RELIGIOUS OR POLITICAL
114		-	MATTERS OR FOR DECLINING TO LISTEN TO SPEECH OR VIEW RELIGIOUS OR
115		-	POLITICAL COMMUNICATIONS FROM THE EMPLOYER OR THE AGENT
116		-	,
117		-	REPRESENTATIVE, OR DESIGNEE OF THE EMPLOYER.
118		-	(b) W
119		-	ITH REGARD TO EMPLOYEES OF THE STATE OF COLORADO, THE
120		-	PROHIBITIONS IN SUBSECTION
121		-	(2)(a) OF THIS SECTION APPLY ONLY TO
122		-	MEETINGS AND COMMUNICATIONS RELATING TO THE DECISION OF A STATE
123		-	EMPLOYEE TO JOIN OR SUPPORT A FRATERNAL OR LABOR ORGANIZATION
124		-	.
	14	+	ONCERNING A PROHIBITION AGAI NST DISCIPLINING AN EMPLOYEE101
	15	+	FOR REFUSING TO PARTICIPATE IN EMPLOYER
	16	+	SPEECH, AND, IN102
	17	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill prohibits an employer from requiring an employee to
	26	+	attend meetings, listen to speech, or view communications concerning
	27	+	religious or political matters.
	28	+	The bill also prohibits an employer from threatening an employee,
	29	+	subjecting an employee to discipline, or discharging an employee on
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 4, 2024
	33	+	SENATE
	34	+	2nd Reading Unamended
	35	+	May 3, 2024
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	April 29, 2024
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 26, 2024
	42	+	HOUSE SPONSORSHIP
	43	+	Duran and Hernandez, Bacon, Brown, deGruy Kennedy, Jodeh, Joseph, Kipp, Lieder,
	44	+	Lindsay, Lindstedt, Mabrey, Martinez, Mauro, Ortiz, Parenti, Rutinel, Story, Titone, Vigil,
	45	+	Woodrow, Young, Amabile, Boesenecker, Clifford, Daugherty, English, Epps, Froelich,
	46	+	Garcia, Hamrick, Herod, Lukens, Marvin, Ricks, Sirota, Velasco, Weissman, Willford
	47	+	SENATE SPONSORSHIP
	48	+	Danielson, Cutter, Gonzales, Hinrichsen, Kolker, Michaelson Jenet, Mullica, Buckner,
	49	+	Exum, Fields, Jaquez Lewis, Marchman, Sullivan
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. account of the employee's refusal to attend or participate in an
	53	+	employer-sponsored meeting where the employer communicates religious
	54	+	or political matters or opinions.
	55	+	Certain employer communications are exempt from the
	56	+	prohibition, including communications required by law or that are
	57	+	necessary for an employee to perform the employee's job duties.
	58	+	The bill creates a private right of action in district court for
	59	+	aggrieved persons who prevail in court seeking payment of front pay, lost
	60	+	wages and compensation, costs, and attorney fees.
	61	+	Each employer is required to post a notice of the employee rights
	62	+	outlined in the bill at the employer's workplace.
	63	+	Be it enacted by the General Assembly of the State of Colorado:1
	64	+	SECTION 1. Legislative declaration. (1) The general assembly2
	65	+	finds and declares that:3
	66	+	(a) Workers are the backbone of the state and Colorado4
	67	+	businesses;5
	68	+	(b) Political and religious coercion in the workplace is a growing6
	69	+	problem for workers in all industries, of all backgrounds, and across the7
	70	+	political spectrum;8
	71	+	(c) Meetings, such as captive audience meetings, that violate9
	72	+	worker protections should not be allowed;10
	73	+	(d) According to a study published by Harvard University, one in11
	74	+	four workers in the United States has been contacted by their employer12
	75	+	regarding a political matter, and of these workers, twenty percent received13
	76	+	messages that included a threat of retaliation;14
	77	+	(e) Captive audience meetings typically include threats of the15
	78	+	workplace shutting down or demotion for joining a union or not agreeing16
	79	+	with the employer, promises of bonuses or raises in exchange for not17
	80	+	joining the union, disparaging union organizers, and more;18
	81	+	(f) The requirement to attend captive audience meetings or engage19
	82	+	1260-2- in related conversations comes in many forms, including the threat of1
	83	+	retaliation and discipline; 2
	84	+	(g) All employees in Colorado should be protected from political3
	85	+	and religious coercion in the workplace and should be able to exercise4
	86	+	their rights to opt out of political or religious meetings without fear of5
	87	+	retaliation from an employer, as long as the meetings are not required by6
	88	+	law and are not essential to the employee's job performance; and7
	89	+	(h) While it is important to provide protections to employees, the8
	90	+	protections should not interfere with the ability of employers to provide9
	91	+	diversity, equity, and inclusion training to employees.10
	92	+	(2) The general assembly further declares that employees should11
	93	+	have the following rights and should be protected from retaliation,12
	94	+	including discipline or termination, if they choose to exercise these rights:13
	95	+	(a) The ability to refuse to attend or participate in an14
	96	+	employer-sponsored meeting where there is religious or political content;15
	97	+	and16
	98	+	(b) The ability to refuse to listen to speech or view17
	99	+	communications where religious or political matters are communicated.18
	100	+	(3) The general assembly further declares that the protections in19
	101	+	this act are not intended to:20
	102	+	(a) Interfere with an employer's right to free speech;21
	103	+	(b) Prohibit an employer's obligation to provide legally required22
	104	+	trainings, such as sexual harassment training, or employer-initiated23
	105	+	trainings related to diversity, equity, and inclusion; 24
	106	+	(c) Extend to employees in schools or hospitals run by religious25
	107	+	institutions when discussing religious matters; or26
	108	+	(d) Prohibit an employee from performing any aspects of required27
	109	+	1260
	110	+	-3- job duties.1
	111	+	SECTION 2. In Colorado Revised Statutes, add 8-2-132 as2
	112	+	follows:3
	113	+	8-2-132. Employer - employee - responsibilities - political4
	114	+	matters - religious matters - prohibition against discipline or5
	115	+	discharge - exceptions - definitions. (1) A
	116	+	S USED IN THIS SECTION,6
	117	+	UNLESS THE CONTEXT OTHERWISE REQUIRES :7
	118	+	(a) "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND8
	119	+	EMPLOYMENT.9
	120	+	(b) "EMPLOYEE" MEANS A PERSON EMPLOYED BY AN EMPLOYER .10
	121	+	(c) "EMPLOYER" MEANS THE STATE OR ANY POLITICAL11
	122	+	SUBDIVISION, COMMISSION, DEPARTMENT, INSTITUTION, OR SCHOOL12
	123	+	DISTRICT OF THE STATE AND EVERY OTHER PERSON EMPLOYING AN13
	124	+	INDIVIDUAL IN THE STATE.14
	125	+	(d) "POLITICAL MATTERS" MEANS MATTERS RELATING TO15
	126	+	ELECTIONS FOR POLITICAL OFFICE , POLITICAL PARTIES, LEGISLATION,16
	127	+	REGULATIONS, AND THE DECISION TO JOIN OR SUPPORT ANY POLITICAL17
	128	+	PARTY OR POLITICAL, FRATERNAL, OR LABOR ORGANIZATION OR ANY18
	129	+	NONPROFIT ORGANIZATION ESTABLISHED FOR CHARITABLE OR COMMUNITY19
	130	+	WELFARE PURPOSES.20
	131	+	(e) "RELIGIOUS MATTERS" MEANS MATTERS RELATING TO21
	132	+	RELIGIOUS AFFILIATION AND PRACTICE AND THE DECISION TO JOIN OR22
	133	+	SUPPORT ANY RELIGIOUS ORGANIZATION OR A NONPROFIT ORGANIZATION23
	134	+	ESTABLISHED FOR CHARITABLE OR COMMUNITY WELFARE PURPOSES .24
	135	+	(2) (a) EXCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION,25
	136	+	AN EMPLOYER SHALL NOT SUBJECT OR THREATEN TO SUBJECT AN26
	137	+	EMPLOYEE TO DISCIPLINE, DISCHARGE, OR AN ADVERSE EMPLOYMENT27
	138	+	1260
	139	+	-4- ACTION ON ACCOUNT OF THE EMPLOYEE'S REFUSAL TO ATTEND OR1
	140	+	PARTICIPATE IN AN EMPLOYER -SPONSORED MEETING CONCERNING2
	141	+	RELIGIOUS OR POLITICAL MATTERS OR FOR DECLINING TO LISTEN TO3
	142	+	SPEECH OR VIEW RELIGIOUS OR POLITICAL COMMUNICATIONS FROM THE4
	143	+	EMPLOYER OR THE AGENT, REPRESENTATIVE, OR DESIGNEE OF THE5
	144	+	EMPLOYER.6
	145	+	(b) WITH REGARD TO EMPLOYEES OF THE STATE OF COLORADO,7
	146	+	THE PROHIBITIONS IN SUBSECTION (2)(a) OF THIS SECTION APPLY ONLY TO8
	147	+	MEETINGS AND COMMUNICATIONS RELATING TO THE DECISION OF A STATE9
	148	+	EMPLOYEE TO JOIN OR SUPPORT A FRATERNAL OR LABOR ORGANIZATION.10
125	149		(3) T
126		-	HIS SECTION DOES NOT PROHIBIT:
	150	+	HIS SECTION DOES NOT PROHIBIT:11
127	151		(a) A
128		-	N EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE, OR
129		-	DESIGNEE
130		-	, FROM COMMUNICATING TO THE EMPLOYER 'S EMPLOYEES
131		-	REGARDING ANY INFORMATION THAT THE EMPLOYER IS REQUIRED BY LAW
132		-	,
133		-	A COURT ORDER, OR AN AGREEMENT WITH A GOVERNMENTAL ENTITY TO
134		-	COMMUNICATE TO EMPLOYEES
135		-	, BUT ONLY TO THE EXTENT OF THE LEGAL
136		-	REQUIREMENT
137		-	;
138		-	(b) A
139		-	N EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE, OR
140		-	DESIGNEE
141		-	, FROM COMMUNICATING TO THE EMPLOYER 'S EMPLOYEES OR FROM
142		-	REQUIRING AN EMPLOYEE TO LISTEN TO ANY INFORMATION OR TRAINING
143		-	THAT IS NECESSARY FOR SUCH EMPLOYEES TO PERFORM THEIR JOB DUTIES OR
144		-	THAT IS REQUIRED TO PREVENT OR ADDRESS UNLAWFUL DISCRIMINATION
145		-	AND HARASSMENT BASED ON A PROTECTED CLASS
146		-	;
147		-	(c) A
148		-	N EMPLOYER FROM REQUIRING THAT AN EMPLOYEE ATTEND A
149		-	MEETING OR EVENT
150		-	, LISTEN TO SPEECH, OR VIEW COMMUNICATIONS
151		-	CONCERNING RELIGIOUS OR POLITICAL MATTERS AS NECESSARY FOR THE
152		-	EMPLOYEE TO PERFORM THEIR LAWFULLY REQUIRED JOB DUTIES
153		-	;
154		-	(d) A
155		-	N INSTITUTION OF HIGHER EDUCATION , OR AN AGENT,
156		-	REPRESENTATIVE, OR DESIGNEE OF AN INSTITUTION OF HIGHER EDUCATION ,
157		-	PAGE 4-HOUSE BILL 24-1260 FROM MEETING WITH OR PARTICIPATING IN ANY COMMUNICATIONS WITH THE
158		-	INSTITUTION OF HIGHER EDUCATION
159		-	'S EMPLOYEES THAT ARE PART OF
160		-	COURSEWORK
161		-	, SYMPOSIA, OR AN ACADEMIC PROGRAM AT THE INSTITUTION ;
162		-	(e) A
163		-	K-12 PUBLIC OR PRIVATE SCHOOL OR SCHOOL DISTRICT, OR AN
164		-	AGENT
165		-	, REPRESENTATIVE, OR DESIGNEE OF A K-12 PUBLIC OR PRIVATE
166		-	SCHOOL OR SCHOOL DISTRICT
167		-	, FROM MEETING WITH OR PARTICIPATING IN
168		-	ANY COMMUNICATIONS WITH THE
169		-	K-12 PUBLIC OR PRIVATE SCHOOL'S OR
170		-	SCHOOL DISTRICT
171		-	'S EMPLOYEES WHEN THE RELIGIOUS OR POLITICAL MATTER
172		-	IS RELATED TO COURSEWORK AT THE
173		-	K-12 PUBLIC OR PRIVATE SCHOOL; OR
174		-	(f) VOLUNTARY CONVERSATIONS BETWEEN EMPLOYEES OR BETWEEN
175		-	AN EMPLOYEE AND AN AGENT
176		-	, REPRESENTATIVE, OR DESIGNEE OF AN
177		-	EMPLOYER
178		-	, IF PARTICIPATION IN SUCH CONVERSATIONS IS NOT REQUIRED .
179		-	(4) (a) A
180		-	N AGGRIEVED PERSON MAY SEEK RELIEF FOR A VIOLATION
181		-	OF THIS SECTION BY
182		-	:
183		-	(I) F
184		-	ILING A COMPLAINT WITH THE DEPARTMENT ; OR
185		-	(II) FILING AN ACTION IN A DISTRICT COURT OF COMPETENT
186		-	JURISDICTION TO ENFORCE THIS SECTION
187		-	.
188		-	(b) A
189		-	N AGGRIEVED PERSON SEEKING RELIEF FOR A VIOLATION OF THIS
190		-	SECTION SHALL
191		-	:
192		-	(I) E
193		-	XHAUST ALL AVAILABLE ADMINISTRATIVE REMEDIES BEFORE
194		-	FILING AN ACTION IN DISTRICT COURT
195		-	; AND
196		-	(II) FILE A COMPLAINT WITH THE DEPARTMENT AGAINST AN
197		-	EMPLOYER WITHIN ONE YEAR AFTER AN ALLEGED VIOLATION OF THIS
198		-	SECTION
199		-	.
200		-	(c) O
201		-	N OR BEFORE THE DATE THE DEPARTMENT MAKES A COMPLAINT
202		-	FORM PUBLICLY AVAILABLE
203		-	, AN AGGRIEVED PERSON MAY FILE A COMPLAINT
204		-	FOR A VIOLATION OF THIS SECTION WITH THE DEPARTMENT IN ANY FORM
205		-	,
206		-	INCLUDING BY UNITED STATES MAIL OR ELECTRONIC MAIL.
207		-	(d) A
208		-	FTER THE DATE THE DEPARTMENT MAKES A COMPLAINT FORM
209		-	PUBLICLY AVAILABLE
210		-	, AN AGGRIEVED PERSON SHALL FILE A COMPLAINT
211		-	PAGE 5-HOUSE BILL 24-1260 ONLY BY COMPLETING THE REQUIRED FORM .
212		-	(e) A
213		-	FTER RECEIVING A COMPLAINT, THE DEPARTMENT SHALL:
214		-	(I) I
215		-	NVESTIGATE THE COMPLAINT FILED AGAINST THE EMPLOYER FOR
216		-	AN ALLEGED VIOLATION OF THIS ARTICLE
217		-	2; OR
218		-	(II) AUTHORIZE AN AGGRIEVED PERSON TO PROCEED WITH AN
219		-	ACTION IN DISTRICT COURT
220		-	.
221		-	(f) (I) O
222		-	N AND WITHIN SIXTY DAYS AFTER THE DATE A COMPLAINT IS
223		-	FILED AND BEFORE THE DEPARTMENT ISSUES A WRITTEN DETERMINATION
224		-	, AN
225		-	AGGRIEVED PERSON MAY REQUEST AND THE DEPARTMENT SHALL GRANT
226		-	SUCH AGGRIEVED PERSON WRITTEN AUTHORIZATION TO PROCEED WITH AN
227		-	ACTION IN DISTRICT COURT
228		-	.
229		-	(II) A
230		-	T THE TIME THAT THE AGGRIEVED PERSON FILES AN ACTION IN
231		-	DISTRICT COURT
232		-	, THE AGGRIEVED PERSON SHALL PROVIDE WRITTEN NOTICE
233		-	OF THE FILING TO THE DEPARTMENT AND THE DEPARTMENT SHALL
234		-	TERMINATE ITS INVESTIGATION
235		-	.
236		-	(III) A
237		-	N AGGRIEVED PERSON WHO RECEIVES WRITTEN
238		-	AUTHORIZATION PURSUANT TO THIS SUBSECTION
239		-	(4) IS DEEMED TO HAVE
240		-	EXHAUSTED ADMINISTRATIVE REMEDIES
241		-	.
242		-	(g) I
243		-	F, AFTER CONDUCTING AN INVESTIGATION , THE DEPARTMENT:
244		-	(I) D
245		-	OES NOT FIND A VIOLATION, THE DEPARTMENT SHALL PROVIDE
246		-	THE BASIS FOR ITS DETERMINATION IN WRITING AND AUTHORIZE THE
247		-	AGGRIEVED PERSON TO PROCEED WITH AN ACTION IN A DISTRICT COURT OF
248		-	COMPETENT JURISDICTION
249		-	. THE AGGRIEVED PERSON IS DEEMED TO HAVE
250		-	EXHAUSTED ALL ADMINISTRATIVE REMEDIES AFTER THE DETERMINATION
251		-	AND AUTHORIZATION IS ISSUED
252		-	.
253		-	(II) F
254		-	INDS ONE OR MORE VIOLATIONS , THE DEPARTMENT SHALL
255		-	PROVIDE THE BASIS FOR THE DETERMINATION IN WRITING AND MAY AWARD
256		-	THE SAME AFFIRMATIVE RELIEF AS A DISTRICT COURT PURSUANT TO
257		-	SUBSECTION
258		-	(4)(j) OF THIS SECTION.
259		-	(h) (I) T
260		-	HE DETERMINATION OF THE DEPARTMENT IS A FINAL AGENCY
261		-	PAGE 6-HOUSE BILL 24-1260 ACTION PURSUANT TO SECTION 24-4-106, AND, AFTER THE DETERMINATION,
262		-	SECTION 8-4-113 (2) APPLIES.
	152	+	N EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE,12
	153	+	OR DESIGNEE, FROM COMMUNICATING TO THE EMPLOYER 'S EMPLOYEES13
	154	+	REGARDING ANY INFORMATION THAT THE EMPLOYER IS REQUIRED
	155	+	BY14
	156	+	LAW, A COURT ORDER, OR AN AGREEMENT WITH A GOVERNMENTAL ENTITY15
	157	+	TO COMMUNICATE TO EMPLOYEES, BUT ONLY TO THE EXTENT OF THE16
	158	+	LEGAL REQUIREMENT;17
	159	+	(b) AN EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE,18
	160	+	OR DESIGNEE, FROM COMMUNICATING TO THE EMPLOYER'S EMPLOYEES OR19
	161	+	FROM REQUIRING AN EMPLOYEE TO LISTEN TO ANY INFORMATION OR20
	162	+	TRAINING THAT IS NECESSARY FOR SUCH EMPLOYEES TO PERFORM THEIR21
	163	+	JOB DUTIES OR THAT IS REQUIRED TO PREVENT OR ADDRESS UNLAWFUL22
	164	+	DISCRIMINATION AND HARASSMENT BASED ON A PROTECTED CLASS ;23
	165	+	(c) AN EMPLOYER FROM REQUIRING THAT AN EMPLOYEE ATTEND24
	166	+	A MEETING OR EVENT, LISTEN TO SPEECH, OR VIEW COMMUNICATIONS25
	167	+	CONCERNING RELIGIOUS OR POLITICAL MATTERS AS NECESSARY FOR THE26
	168	+	EMPLOYEE TO PERFORM THEIR LAWFULLY REQUIRED JOB DUTIES ;27
	169	+	1260
	170	+	-5- (d) AN INSTITUTION OF HIGHER EDUCATION , OR AN AGENT,1
	171	+	REPRESENTATIVE, OR DESIGNEE OF AN INSTITUTION OF HIGHER2
	172	+	EDUCATION, FROM MEETING WITH OR PARTICIPATING IN ANY3
	173	+	COMMUNICATIONS WITH THE INSTITUTION OF HIGHER EDUCATION 'S4
	174	+	EMPLOYEES THAT ARE PART OF COURSEWORK , SYMPOSIA, OR AN5
	175	+	ACADEMIC PROGRAM AT THE INSTITUTION ;6
	176	+	(e) A K-12 PUBLIC OR PRIVATE SCHOOL OR SCHOOL DISTRICT , OR7
	177	+	AN AGENT, REPRESENTATIVE, OR DESIGNEE OF A K-12 PUBLIC OR PRIVATE8
	178	+	SCHOOL OR SCHOOL DISTRICT, FROM MEETING WITH OR PARTICIPATING IN9
	179	+	ANY COMMUNICATIONS WITH THE K-12 PUBLIC OR PRIVATE SCHOOL'S OR10
	180	+	SCHOOL DISTRICT'S EMPLOYEES WHEN THE RELIGIOUS OR POLITICAL11
	181	+	MATTER IS RELATED TO COURSEWORK AT THE K-12 PUBLIC OR PRIVATE12
	182	+	SCHOOL; OR13
	183	+	(f) VOLUNTARY CONVERSATIONS BETWEEN EMPLOYEES OR14
	184	+	BETWEEN AN EMPLOYEE AND AN AGENT , REPRESENTATIVE, OR DESIGNEE15
	185	+	OF AN EMPLOYER, IF PARTICIPATION IN SUCH CONVERSATIONS IS NOT16
	186	+	REQUIRED.17
	187	+	(4) (a) AN AGGRIEVED PERSON MAY SEEK RELIEF FOR A VIOLATION18
	188	+	OF THIS SECTION BY:19
	189	+	(I) FILING A COMPLAINT WITH THE DEPARTMENT ; OR20
	190	+	(II) FILING AN ACTION IN A DISTRICT COURT OF COMPETENT21
	191	+	JURISDICTION TO ENFORCE THIS SECTION.22
	192	+	(b) AN AGGRIEVED PERSON SEEKING RELIEF FOR A VIOLATION OF23
	193	+	THIS SECTION SHALL:24
	194	+	(I) EXHAUST ALL AVAILABLE ADMINISTRATIVE REMEDIES BEFORE25
	195	+	FILING AN ACTION IN DISTRICT COURT; AND26
	196	+	(II) FILE A COMPLAINT WITH THE DEPARTMENT AGAINST AN27
	197	+	1260
	198	+	-6- EMPLOYER WITHIN ONE YEAR AFTER AN ALLEGED VIOLATION OF THIS1
	199	+	SECTION.2
	200	+	(c) ON OR BEFORE THE DATE THE DEPARTMENT MAKES A3
	201	+	COMPLAINT FORM PUBLICLY AVAILABLE , AN AGGRIEVED PERSON MAY FILE4
	202	+	A COMPLAINT FOR A VIOLATION OF THIS SECTION WITH THE DEPARTMENT5
	203	+	IN ANY FORM, INCLUDING BY UNITED STATES MAIL OR ELECTRONIC MAIL.6
	204	+	(d) AFTER THE DATE THE DEPARTMENT MAKES A COMPLAINT FORM7
	205	+	PUBLICLY AVAILABLE, AN AGGRIEVED PERSON SHALL FILE A COMPLAINT8
	206	+	ONLY BY COMPLETING THE REQUIRED FORM .9
	207	+	(e) AFTER RECEIVING A COMPLAINT, THE DEPARTMENT SHALL:10
	208	+	(I) INVESTIGATE THE COMPLAINT FILED AGAINST THE EMPLOYER11
	209	+	FOR AN ALLEGED VIOLATION OF THIS ARTICLE 2; OR12
	210	+	(II) AUTHORIZE AN AGGRIEVED PERSON TO PROCEED WITH AN13
	211	+	ACTION IN DISTRICT COURT.14
	212	+	(f) (I) ON AND WITHIN SIXTY DAYS AFTER THE DATE A COMPLAINT15
	213	+	IS FILED AND BEFORE THE DEPARTMENT ISSUES A WRI TTEN16
	214	+	DETERMINATION, AN AGGRIEVED PERSON MAY REQUEST AND THE17
	215	+	DEPARTMENT SHALL GRANT SUCH AGGRIEVED PERSON WRITTEN18
	216	+	AUTHORIZATION TO PROCEED WITH AN ACTION IN DISTRICT COURT .19
	217	+	(II) AT THE TIME THAT THE AGGRIEVED PERSON FILES AN ACTION20
	218	+	IN DISTRICT COURT, THE AGGRIEVED PERSON SHALL PROVIDE WRITTEN21
	219	+	NOTICE OF THE FILING TO THE DEPARTMENT AND THE DEPARTMENT SHALL22
	220	+	TERMINATE ITS INVESTIGATION.23
	221	+	(III) AN AGGRIEVED PERSON WHO RECEIVES WRITTEN24
	222	+	AUTHORIZATION PURSUANT TO THIS SUBSECTION (4) IS DEEMED TO HAVE25
	223	+	EXHAUSTED ADMINISTRATIVE REMEDIES .26
	224	+	(g) IF, AFTER CONDUCTING AN INVESTIGATION, THE DEPARTMENT:27
	225	+	1260
	226	+	-7- (I) DOES NOT FIND A VIOLATION, THE DEPARTMENT SHALL PROVIDE1
	227	+	THE BASIS FOR ITS DETERMINATION IN WRITING AND AUTHORIZE THE2
	228	+	AGGRIEVED PERSON TO PROCEED WITH AN ACTION IN A DISTRICT COURT OF3
	229	+	COMPETENT JURISDICTION. THE AGGRIEVED PERSON IS DEEMED TO HAVE4
	230	+	EXHAUSTED ALL ADMINISTRATIVE REMEDIES AFTER THE DETERMINATION5
	231	+	AND AUTHORIZATION IS ISSUED.6
	232	+	(II) FINDS ONE OR MORE VIOLATIONS, THE DEPARTMENT SHALL7
	233	+	PROVIDE THE BASIS FOR THE DETERMINATION IN WRITING AND MAY8
	234	+	AWARD THE SAME AFFIRMATIVE RELIEF AS A DISTRICT COURT PURSUANT9
	235	+	TO SUBSECTION (4)(j) OF THIS SECTION.10
	236	+	(h) (I) THE DETERMINATION OF THE DEPARTMENT IS A FINAL11
	237	+	AGENCY ACTION PURSUANT TO SECTION 24-4-106, AND, AFTER THE12
	238	+	DETERMINATION, SECTION 8-4-113 (2) APPLIES.13
	239	+	(II) THE DETERMINATION OF THE DEPARTMENT MAY BE APPEALED14
	240	+	ONLY BY COMMENCING AN ACTION FOR JUDICIAL REVIEW IN THE DISTRICT15
	241	+	COURT OF COMPETENT JURISDICTION WITHIN THIRTY-FIVE CALENDAR DAYS16
	242	+	AFTER THE DATE OF MAILING OF THE DETERMINATION BY THE17
	243	+	DEPARTMENT. JUDICIAL REVIEW IS LIMITED TO APPEAL BRIEFS AND THE18
	244	+	RECORD DESIGNATED ON APPEAL .19
	245	+	(i) AN AGGRIEVED INDIVIDUAL MAY , WITHIN ONE HUNDRED20
	246	+	EIGHTY DAYS AFTER EXHAUSTING ALL AVAILABLE ADMINISTRATIVE21
	247	+	REMEDIES, COMMENCE AN ACTION IN DISTRICT COURT OF COMPETENT22
	248	+	JURISDICTION AGAINST AN EMPLOYER FOR A VIOLATION OF THIS SECTION.23
	249	+	(j) IF THE DISTRICT COURT FINDS THAT AN EMPLOYER HAS24
	250	+	VIOLATED THIS SECTION, THE COURT MAY ORDER AFFIRMATIVE RELIEF25
	251	+	THAT INCLUDES:26
	252	+	(I) T
	253	+	HE REINSTATEMENT OF AN AGGRIEVED EMPLOYEE WHO WAS27
	254	+	1260
	255	+	-8- SEPARATED FROM EMPLOYMENT TO THE EMPLOYEE 'S FORMER POSITION OF1
	256	+	EMPLOYMENT;2
263	257		(II) T
264		-	HE DETERMINATION OF THE DEPARTMENT MAY BE APPEALED
265		-	ONLY BY COMMENCING AN ACTION FOR JUDICIAL REVIEW IN THE DISTRICT
266		-	COURT OF COMPETENT JURISDICTION WITHIN THIRTY
267		-	-FIVE CALENDAR DAYS
268		-	AFTER THE DATE OF MAILING OF THE DETERMINATION BY THE DEPARTMENT
269		-	.
270		-	J
271		-	UDICIAL REVIEW IS LIMITED TO APPEAL BRIEFS AND THE RECORD
272		-	DESIGNATED ON APPEAL
273		-	.
274		-	(i) A
275		-	N AGGRIEVED INDIVIDUAL MAY, WITHIN ONE HUNDRED EIGHTY
276		-	DAYS AFTER EXHAUSTING ALL AVAILABLE ADMINISTRATIVE REMEDIES
277		-	,
278		-	COMMENCE AN ACTION IN DISTRICT COURT OF COMPETENT JURISDICTION
279		-	AGAINST AN EMPLOYER FOR A VIOLATION OF THIS SECTION
280		-	.
281		-	(j) I
282		-	F THE DISTRICT COURT FINDS THAT AN EMPLOYER HAS VIOLATED
283		-	THIS SECTION
284		-	, THE COURT MAY ORDER AFFIRMATIVE RELIEF THAT INCLUDES :
285		-	(I) T
286		-	HE REINSTATEMENT OF AN AGGRIEVED EMPLOYEE WHO WAS
287		-	SEPARATED FROM EMPLOYMENT TO THE EMPLOYEE
288		-	'S FORMER POSITION OF
289		-	EMPLOYMENT
290		-	;
291		-	(II) T
292		-	HE GREATER OF TEN THOUSAND DOLLARS AWARDED TO THE
293		-	AGGRIEVED EMPLOYEE OR ACTUAL DAMAGES RESULTING FROM THE
294		-	VIOLATION
295		-	, INCLUDING BACK PAY AND BENEFITS TO A REINSTATED
296		-	EMPLOYEE OR FRONT PAY TO AN EMPLOYEE WHO DOES NOT SEEK
297		-	REINSTATEMENT
298		-	;
	258	+	HE GREATER OF TEN THOUSAND DOLLARS AWARDED TO THE3
	259	+	AGGRIEVED EMPLOYEE OR ACTUAL DAMAGES RESULTING FROM THE4
	260	+	VIOLATION, INCLUDING BACK PAY AND BENEFITS TO A REINSTATED5
	261	+	EMPLOYEE OR FRONT PAY TO AN EMPLOYEE WHO DOES NOT SEEK6
	262	+	REINSTATEMENT;7
299	263		(III) U
300		-	P TO TEN THOUSAND DOLLARS IN ADDITIONAL PENALTIES IF
301		-	THE EMPLOYER HAS ENGAGED IN THE SAME OR SIMILAR VIOLATIONS OF THIS
302		-	SECTION IN THE SIX MONTHS PRIOR TO THE ALLEGED VIOLATION
303		-	, WHICH
304		-	PRIOR VIOLATIONS AFFECTED THE SAME OR SIMILARLY SITUATED
305		-	EMPLOYEES
306		-	;
	264	+	P TO TEN THOUSAND DOLLARS IN ADDITIONAL PENALTIES IF8
	265	+	THE EMPLOYER HAS ENGAGED IN THE SAME OR SIMILAR VIOLATIONS OF9
	266	+	THIS SECTION IN THE SIX MONTHS PRIOR TO THE ALLEGED VIOLATION ,10
	267	+	WHICH PRIOR VIOLATIONS AFFECTED THE SAME OR SIMILARLY SITUATED11
	268	+	EMPLOYEES;12
307	269		(IV) E
308		-	QUITABLE RELIEF DEEMED APPROPRIATE BY THE DISTRICT
309		-	COURT
310		-	; AND
311		-	(V) COURT COSTS AND ATTORNEY FEES INCURRED BY THE
312		-	AGGRIEVED EMPLOYEE
313		-	.
314		-	PAGE 7-HOUSE BILL 24-1260 (5) FOR AN ALLEGED VIOLATION OF SUBSECTION (2) OF THIS SECTION
315		-	AGAINST AN EMPLOYER
316		-	, THE EMPLOYER HAS AN AFFIRMATIVE DEFENSE TO
317		-	THE ALLEGATION IF THE EMPLOYER ESTABLISHES THAT THE EMPLOYER
318		-	CONVEYED IN CLEAR AND CONSPICUOUS TERMS THAT THE EMPLOYEE HAD
319		-	THE OPTION TO LEAVE THE MEETING WHERE THE VIOLATION ALLEGEDLY
320		-	TOOK PLACE
321		-	.
322		-	(6) T
323		-	HIS SECTION DOES NOT APPLY TO A RELIGIOUS CORPORATION ,
324		-	ENTITY, ASSOCIATION, EDUCATIONAL INSTITUTION, NONPROFIT FAITH-BASED
325		-	HEALTH SYSTEM
326		-	, NONPROFIT FAITH-BASED HEALTH FACILITY, OR SOCIETY
327		-	THAT IS EXEMPT FROM THE REQUIREMENTS OF
328		-	TITLE VII OF THE "CIVIL
329		-	RIGHTS ACT OF 1964", 42 U.S.C. SEC. 2000e-1 (a), AS AMENDED, WITH
330		-	RESPECT TO SPEECH ON RELIGIOUS MATTERS TO EMPLOYEES WHO PERFORM
331		-	WORK CONNECTED WITH THE ACTIVITIES UNDERTAKEN BY SUCH RELIGIOUS
332		-	CORPORATION
333		-	, ENTITY, ASSOCIATION, EDUCATIONAL INSTITUTION ,
334		-	NONPROFIT FAITH-BASED HEALTH SYSTEM, NONPROFIT FAITH-BASED HEALTH
335		-	FACILITY
336		-	, OR SOCIETY.
337		-	(7) N
338		-	OTHING IN THIS SECTION IS INTENDED TO CIRCUMVENT ANY
339		-	EMPLOYER OBLIGATIONS UNDER PART
340		-	4 OF ARTICLE 34 OF TITLE 24; TITLE
341		-	VII OF THE FEDERAL "CIVIL RIGHTS ACT OF 1964", 42 U.S.C. SEC. 2000e ET
342		-	SEQ
343		-	.; AS AMENDED; OR ANY OTHER ANTIDISCRIMINATION LAW .
344		-	(8) A
345		-	N EMPLOYER SHALL DISTRIBUTE A NOTICE PROVIDED BY THE
346		-	DEPARTMENT TO EACH EMPLOYEE TO INFORM THE EMPLOYEE OF THE
347		-	EMPLOYEE
348		-	'S RIGHTS PURSUANT TO THIS SECTION . THE EMPLOYER SHALL
349		-	DISTRIBUTE THE NOTICE IN THE SAME MANNER THAT IT DISTRIBUTES OTHER
350		-	LEGAL NOTICES
351		-	, WHETHER BY POSTING AT EMPLOYER WORK SITES OR
352		-	DISTRIBUTING THROUGH THE EMPLOYER
353		-	'S E-MAIL SYSTEM OR OTHER
354		-	REGULARLY USED COMMUNICATION
355		-	.
356		-	SECTION 3. Appropriation. For the 2024-25 state fiscal year,
357		-	$278,564 is appropriated to the department of labor and employment for use
358		-	by the division of labor standards and statistics. This appropriation is from
359		-	the general fund and is based on an assumption that the division will require
360		-	an additional 2.8 FTE. To implement this act, the division may use this
361		-	appropriation for program costs related to labor standards.
362		-	SECTION 4. Safety clause. The general assembly finds,
363		-	determines, and declares that this act is necessary for the immediate
364		-	PAGE 8-HOUSE BILL 24-1260 preservation of the public peace, health, or safety or for appropriations for
365		-	the support and maintenance of the departments of the state and state
366		-	institutions.
367		-	____________________________ ____________________________
368		-	Julie McCluskie Steve Fenberg
369		-	SPEAKER OF THE HOUSE PRESIDENT OF
370		-	OF REPRESENTATIVES THE SENATE
371		-	____________________________ ____________________________
372		-	Robin Jones Cindi L. Markwell
373		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
374		-	OF REPRESENTATIVES THE SENATE
375		-	APPROVED________________________________________
376		-	(Date and Time)
377		-	_________________________________________
378		-	Jared S. Polis
379		-	GOVERNOR OF THE STATE OF COLORADO
380		-	PAGE 9-HOUSE BILL 24-1260
	270	+	QUITABLE RELIEF DEEMED APPROPRIATE BY THE DISTRICT13
	271	+	COURT; AND14
	272	+	(V) C
	273	+	OURT COSTS AND ATTORNEY FEES INCURRED BY THE15
	274	+	AGGRIEVED EMPLOYEE.16
	275	+	(5) FOR AN ALLEGED VIOLATION OF SUBSECTION (2) OF THIS17
	276	+	SECTION AGAINST AN EMPLOYER, THE EMPLOYER HAS AN AFFIRMATIVE18
	277	+	DEFENSE TO THE ALLEGATION IF THE EMPLOYER ESTABLISHES THAT THE19
	278	+	EMPLOYER CONVEYED IN CLEAR AND CONSPICUOUS TERMS THAT THE20
	279	+	EMPLOYEE HAD THE OPTION TO LEAVE THE MEETING WHERE THE21
	280	+	VIOLATION ALLEGEDLY TOOK PLACE .22
	281	+	(6) THIS SECTION DOES NOT APPLY TO A RELIGIOUS CORPORATION ,23
	282	+	ENTITY, ASSOCIATION, EDUCATIONAL INSTITUTION , NONPROFIT24
	283	+	FAITH-BASED HEALTH SYSTEM, NONPROFIT FAITH-BASED HEALTH25
	284	+	FACILITY, OR SOCIETY THAT IS EXEMPT FROM THE REQUIREMENTS OF TITLE26
	285	+	VII
	286	+	OF THE "CIVIL RIGHTS ACT OF 1964", 42 U.S.C. SEC. 2000e-1 (a), AS27
	287	+	1260
	288	+	-9- AMENDED, WITH RESPECT TO SPEECH ON RELIGIOUS MATTERS TO1
	289	+	EMPLOYEES WHO PERFORM WORK CONNECTED WITH THE ACTIVITIES2
	290	+	UNDERTAKEN BY SUCH RELIGIOUS CORPORATION , ENTITY, ASSOCIATION,3
	291	+	EDUCATIONAL INSTITUTION, NONPROFIT FAITH-BASED HEALTH SYSTEM,4
	292	+	NONPROFIT FAITH-BASED HEALTH FACILITY, OR SOCIETY.5
	293	+	(7) NOTHING IN THIS SECTION IS INTENDED TO CIRCUMVENT ANY6
	294	+	EMPLOYER OBLIGATIONS UNDER PART 4 OF ARTICLE 34 OF TITLE 24; 7
	295	+	T
	296	+	ITLE VII OF THE FEDERAL "CIVIL RIGHTS ACT OF 1964", 42 U.S.C. SEC.8
	297	+	2000e
	298	+	ET SEQ.; AS AMENDED; OR ANY OTHER ANTIDISCRIMINATION LAW .9
	299	+	(8) AN EMPLOYER SHALL DISTRIBUTE A NOTICE PROVIDED BY THE10
	300	+	DEPARTMENT TO EACH EMPLOYEE TO INFORM THE EMPLOYEE OF THE11
	301	+	EMPLOYEE'S RIGHTS PURSUANT TO THIS SECTION. THE EMPLOYER SHALL12
	302	+	DISTRIBUTE THE NOTICE IN THE SAME MANNER THAT IT DISTRIBUTES13
	303	+	OTHER LEGAL NOTICES, WHETHER BY POSTING AT EMPLOYER WORK SITES14
	304	+	OR DISTRIBUTING THROUGH THE EMPLOYER 'S E-MAIL SYSTEM OR OTHER15
	305	+	REGULARLY USED COMMUNICATION .16
	306	+	SECTION 3. Appropriation. (1) For the 2024-25 state fiscal17
	307	+	year, $278,564 is appropriated to the department of labor and employment18
	308	+	for use by the division of labor standards and statistics. This appropriation19
	309	+	is from the general fund and is based on an assumption that the division20
	310	+	will require an additional 2.8 FTE. To implement this act, the division21
	311	+	may use this appropriation for program costs related to labor standards.22
	312	+	SECTION 4. Safety clause. The general assembly finds,23
	313	+	determines, and declares that this act is necessary for the immediate24
	314	+	preservation of the public peace, health, or safety or for appropriations for25
	315	+	the support and maintenance of the departments of the state and state26
	316	+	institutions.27
	317	+	1260
	318	+	-10-