HOUSE BILL 24-1260
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Danielson, Cutter, Gonzales, Hinrichsen, Kolker,
Michaelson Jenet, Mullica, Buckner, Exum, Fields, Jaquez Lewis,
Marchman, Sullivan.
C
ONCERNING A PROHIBITION AGAINST DISCIPLINING AN EMPLOYEE FOR
REFUSING TO PARTICIPATE IN EMPLOYER SPEECH
, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Workers are the backbone of the state and Colorado businesses;
(b) Political and religious coercion in the workplace is a growing
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. problem for workers in all industries, of all backgrounds, and across the
political spectrum;
(c) Meetings, such as captive audience meetings, that violate worker
protections should not be allowed;
(d) According to a study published by Harvard University, one in
four workers in the United States has been contacted by their employer
regarding a political matter, and of these workers, twenty percent received
messages that included a threat of retaliation;
(e) Captive audience meetings typically include threats of the
workplace shutting down or demotion for joining a union or not agreeing
with the employer, promises of bonuses or raises in exchange for not
joining the union, disparaging union organizers, and more;
(f) The requirement to attend captive audience meetings or engage
in related conversations comes in many forms, including the threat of
retaliation and discipline;
(g) All employees in Colorado should be protected from political
and religious coercion in the workplace and should be able to exercise their
rights to opt out of political or religious meetings without fear of retaliation
from an employer, as long as the meetings are not required by law and are
not essential to the employee's job performance; and
(h) While it is important to provide protections to employees, the
protections should not interfere with the ability of employers to provide
diversity, equity, and inclusion training to employees.
(2) The general assembly further declares that employees should
have the following rights and should be protected from retaliation, including
discipline or termination, if they choose to exercise these rights:
(a) The ability to refuse to attend or participate in an
employer-sponsored meeting where there is religious or political content;
and
(b) The ability to refuse to listen to speech or view communications
where religious or political matters are communicated.
PAGE 2-HOUSE BILL 24-1260 (3) The general assembly further declares that the protections in this
act are not intended to:
(a) Interfere with an employer's right to free speech;
(b) Prohibit an employer's obligation to provide legally required
trainings, such as sexual harassment training, or employer-initiated trainings
related to diversity, equity, and inclusion;
(c) Extend to employees in schools or hospitals run by religious
institutions when discussing religious matters; or
(d) Prohibit an employee from performing any aspects of required
job duties.
SECTION 2. In Colorado Revised Statutes, add 8-2-133 as
follows:
8-2-133. Employer - employee - responsibilities - political
matters - religious matters - prohibition against discipline or discharge
- exceptions - definitions. (1) A
S USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(a) "D
EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
EMPLOYMENT
.
(b) "E
MPLOYEE" MEANS A PERSON EMPLOYED BY AN EMPLOYER .
(c) "E
MPLOYER" MEANS THE STATE OR ANY POLITICAL SUBDIVISION,
COMMISSION, DEPARTMENT, INSTITUTION, OR SCHOOL DISTRICT OF THE
STATE AND EVERY OTHER PERSON EMPLOYING AN INDIVIDUAL IN THE STATE
.
(d) "P
OLITICAL MATTERS" MEANS MATTERS RELATING TO ELECTIONS
FOR POLITICAL OFFICE
, POLITICAL PARTIES, LEGISLATION, REGULATIONS, AND
THE DECISION TO JOIN OR SUPPORT ANY POLITICAL PARTY OR POLITICAL
,
FRATERNAL, OR LABOR ORGANIZATION OR ANY NONPROFIT ORGANIZATION
ESTABLISHED FOR CHARITABLE OR COMMUNITY WELFARE PURPOSES
.
(e) "R
ELIGIOUS MATTERS" MEANS MATTERS RELATING TO RELIGIOUS
AFFILIATION AND PRACTICE AND THE DECISION TO JOIN OR SUPPORT ANY
PAGE 3-HOUSE BILL 24-1260 RELIGIOUS ORGANIZATION OR A NONPROFIT ORGANIZATION ESTABLISHED
FOR CHARITABLE OR COMMUNITY WELFARE PURPOSES
.
(2) (a) E
XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, AN
EMPLOYER SHALL NOT SUBJECT OR THREATEN TO SUBJECT AN EMPLOYEE TO
DISCIPLINE
, DISCHARGE, OR AN ADVERSE EMPLOYMENT ACTION ON ACCOUNT
OF THE EMPLOYEE
'S REFUSAL TO ATTEND OR PARTICIPATE IN AN
EMPLOYER
-SPONSORED MEETING CONCERNING RELIGIOUS OR POLITICAL
MATTERS OR FOR DECLINING TO LISTEN TO SPEECH OR VIEW RELIGIOUS OR
POLITICAL COMMUNICATIONS FROM THE EMPLOYER OR THE AGENT
,
REPRESENTATIVE, OR DESIGNEE OF THE EMPLOYER.
(b) W
ITH REGARD TO EMPLOYEES OF THE STATE OF COLORADO, THE
PROHIBITIONS IN SUBSECTION
(2)(a) OF THIS SECTION APPLY ONLY TO
MEETINGS AND COMMUNICATIONS RELATING TO THE DECISION OF A STATE
EMPLOYEE TO JOIN OR SUPPORT A FRATERNAL OR LABOR ORGANIZATION
.
(3) T
HIS SECTION DOES NOT PROHIBIT:
(a) A
N EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE, OR
DESIGNEE
, FROM COMMUNICATING TO THE EMPLOYER 'S EMPLOYEES
REGARDING ANY INFORMATION THAT THE EMPLOYER IS REQUIRED BY LAW
,
A COURT ORDER, OR AN AGREEMENT WITH A GOVERNMENTAL ENTITY TO
COMMUNICATE TO EMPLOYEES
, BUT ONLY TO THE EXTENT OF THE LEGAL
REQUIREMENT
;
(b) A
N EMPLOYER, OR AN EMPLOYER'S AGENT, REPRESENTATIVE, OR
DESIGNEE
, FROM COMMUNICATING TO THE EMPLOYER 'S EMPLOYEES OR FROM
REQUIRING AN EMPLOYEE TO LISTEN TO ANY INFORMATION OR TRAINING
THAT IS NECESSARY FOR SUCH EMPLOYEES TO PERFORM THEIR JOB DUTIES OR
THAT IS REQUIRED TO PREVENT OR ADDRESS UNLAWFUL DISCRIMINATION
AND HARASSMENT BASED ON A PROTECTED CLASS
;
(c) A
N EMPLOYER FROM REQUIRING THAT AN EMPLOYEE ATTEND A
MEETING OR EVENT
, LISTEN TO SPEECH, OR VIEW COMMUNICATIONS
CONCERNING RELIGIOUS OR POLITICAL MATTERS AS NECESSARY FOR THE
EMPLOYEE TO PERFORM THEIR LAWFULLY REQUIRED JOB DUTIES
;
(d) A
N INSTITUTION OF HIGHER EDUCATION , OR AN AGENT,
REPRESENTATIVE, OR DESIGNEE OF AN INSTITUTION OF HIGHER EDUCATION ,
PAGE 4-HOUSE BILL 24-1260 FROM MEETING WITH OR PARTICIPATING IN ANY COMMUNICATIONS WITH THE
INSTITUTION OF HIGHER EDUCATION
'S EMPLOYEES THAT ARE PART OF
COURSEWORK
, SYMPOSIA, OR AN ACADEMIC PROGRAM AT THE INSTITUTION ;
(e) A
K-12 PUBLIC OR PRIVATE SCHOOL OR SCHOOL DISTRICT, OR AN
AGENT
, REPRESENTATIVE, OR DESIGNEE OF A K-12 PUBLIC OR PRIVATE
SCHOOL OR SCHOOL DISTRICT
, FROM MEETING WITH OR PARTICIPATING IN
ANY COMMUNICATIONS WITH THE
K-12 PUBLIC OR PRIVATE SCHOOL'S OR
SCHOOL DISTRICT
'S EMPLOYEES WHEN THE RELIGIOUS OR POLITICAL MATTER
IS RELATED TO COURSEWORK AT THE
K-12 PUBLIC OR PRIVATE SCHOOL; OR
(f) VOLUNTARY CONVERSATIONS BETWEEN EMPLOYEES OR BETWEEN
AN EMPLOYEE AND AN AGENT
, REPRESENTATIVE, OR DESIGNEE OF AN
EMPLOYER
, IF PARTICIPATION IN SUCH CONVERSATIONS IS NOT REQUIRED .
(4) (a) A
N AGGRIEVED PERSON MAY SEEK RELIEF FOR A VIOLATION
OF THIS SECTION BY
:
(I) F
ILING A COMPLAINT WITH THE DEPARTMENT ; OR
(II) FILING AN ACTION IN A DISTRICT COURT OF COMPETENT
JURISDICTION TO ENFORCE THIS SECTION
.
(b) A
N AGGRIEVED PERSON SEEKING RELIEF FOR A VIOLATION OF THIS
SECTION SHALL
:
(I) E
XHAUST ALL AVAILABLE ADMINISTRATIVE REMEDIES BEFORE
FILING AN ACTION IN DISTRICT COURT
; AND
(II) FILE A COMPLAINT WITH THE DEPARTMENT AGAINST AN
EMPLOYER WITHIN ONE YEAR AFTER AN ALLEGED VIOLATION OF THIS
SECTION
.
(c) O
N OR BEFORE THE DATE THE DEPARTMENT MAKES A COMPLAINT
FORM PUBLICLY AVAILABLE
, AN AGGRIEVED PERSON MAY FILE A COMPLAINT
FOR A VIOLATION OF THIS SECTION WITH THE DEPARTMENT IN ANY FORM
,
INCLUDING BY UNITED STATES MAIL OR ELECTRONIC MAIL.
(d) A
FTER THE DATE THE DEPARTMENT MAKES A COMPLAINT FORM
PUBLICLY AVAILABLE
, AN AGGRIEVED PERSON SHALL FILE A COMPLAINT
PAGE 5-HOUSE BILL 24-1260 ONLY BY COMPLETING THE REQUIRED FORM .
(e) A
FTER RECEIVING A COMPLAINT, THE DEPARTMENT SHALL:
(I) I
NVESTIGATE THE COMPLAINT FILED AGAINST THE EMPLOYER FOR
AN ALLEGED VIOLATION OF THIS ARTICLE
2; OR
(II) AUTHORIZE AN AGGRIEVED PERSON TO PROCEED WITH AN
ACTION IN DISTRICT COURT
.
(f) (I) O
N AND WITHIN SIXTY DAYS AFTER THE DATE A COMPLAINT IS
FILED AND BEFORE THE DEPARTMENT ISSUES A WRITTEN DETERMINATION
, AN
AGGRIEVED PERSON MAY REQUEST AND THE DEPARTMENT SHALL GRANT
SUCH AGGRIEVED PERSON WRITTEN AUTHORIZATION TO PROCEED WITH AN
ACTION IN DISTRICT COURT
.
(II) A
T THE TIME THAT THE AGGRIEVED PERSON FILES AN ACTION IN
DISTRICT COURT
, THE AGGRIEVED PERSON SHALL PROVIDE WRITTEN NOTICE
OF THE FILING TO THE DEPARTMENT AND THE DEPARTMENT SHALL
TERMINATE ITS INVESTIGATION
.
(III) A
N AGGRIEVED PERSON WHO RECEIVES WRITTEN
AUTHORIZATION PURSUANT TO THIS SUBSECTION
(4) IS DEEMED TO HAVE
EXHAUSTED ADMINISTRATIVE REMEDIES
.
(g) I
F, AFTER CONDUCTING AN INVESTIGATION , THE DEPARTMENT:
(I) D
OES NOT FIND A VIOLATION, THE DEPARTMENT SHALL PROVIDE
THE BASIS FOR ITS DETERMINATION IN WRITING AND AUTHORIZE THE
AGGRIEVED PERSON TO PROCEED WITH AN ACTION IN A DISTRICT COURT OF
COMPETENT JURISDICTION
. THE AGGRIEVED PERSON IS DEEMED TO HAVE
EXHAUSTED ALL ADMINISTRATIVE REMEDIES AFTER THE DETERMINATION
AND AUTHORIZATION IS ISSUED
.
(II) F
INDS ONE OR MORE VIOLATIONS , THE DEPARTMENT SHALL
PROVIDE THE BASIS FOR THE DETERMINATION IN WRITING AND MAY AWARD
THE SAME AFFIRMATIVE RELIEF AS A DISTRICT COURT PURSUANT TO
SUBSECTION
(4)(j) OF THIS SECTION.
(h) (I) T
HE DETERMINATION OF THE DEPARTMENT IS A FINAL AGENCY
PAGE 6-HOUSE BILL 24-1260 ACTION PURSUANT TO SECTION 24-4-106, AND, AFTER THE DETERMINATION,
SECTION 8-4-113 (2) APPLIES.
(II) T
HE DETERMINATION OF THE DEPARTMENT MAY BE APPEALED
ONLY BY COMMENCING AN ACTION FOR JUDICIAL REVIEW IN THE DISTRICT
COURT OF COMPETENT JURISDICTION WITHIN THIRTY
-FIVE CALENDAR DAYS
AFTER THE DATE OF MAILING OF THE DETERMINATION BY THE DEPARTMENT
.
J
UDICIAL REVIEW IS LIMITED TO APPEAL BRIEFS AND THE RECORD
DESIGNATED ON APPEAL
.
(i) A
N AGGRIEVED INDIVIDUAL MAY, WITHIN ONE HUNDRED EIGHTY
DAYS AFTER EXHAUSTING ALL AVAILABLE ADMINISTRATIVE REMEDIES
,
COMMENCE AN ACTION IN DISTRICT COURT OF COMPETENT JURISDICTION
AGAINST AN EMPLOYER FOR A VIOLATION OF THIS SECTION
.
(j) I
F THE DISTRICT COURT FINDS THAT AN EMPLOYER HAS VIOLATED
THIS SECTION
, THE COURT MAY ORDER AFFIRMATIVE RELIEF THAT INCLUDES :
(I) T
HE REINSTATEMENT OF AN AGGRIEVED EMPLOYEE WHO WAS
SEPARATED FROM EMPLOYMENT TO THE EMPLOYEE
'S FORMER POSITION OF
EMPLOYMENT
;
(II) T
HE GREATER OF TEN THOUSAND DOLLARS AWARDED TO THE
AGGRIEVED EMPLOYEE OR ACTUAL DAMAGES RESULTING FROM THE
VIOLATION
, INCLUDING BACK PAY AND BENEFITS TO A REINSTATED
EMPLOYEE OR FRONT PAY TO AN EMPLOYEE WHO DOES NOT SEEK
REINSTATEMENT
;
(III) U
P TO TEN THOUSAND DOLLARS IN ADDITIONAL PENALTIES IF
THE EMPLOYER HAS ENGAGED IN THE SAME OR SIMILAR VIOLATIONS OF THIS
SECTION IN THE SIX MONTHS PRIOR TO THE ALLEGED VIOLATION
, WHICH
PRIOR VIOLATIONS AFFECTED THE SAME OR SIMILARLY SITUATED
EMPLOYEES
;
(IV) E
QUITABLE RELIEF DEEMED APPROPRIATE BY THE DISTRICT
COURT
; AND
(V) COURT COSTS AND ATTORNEY FEES INCURRED BY THE
AGGRIEVED EMPLOYEE
.
PAGE 7-HOUSE BILL 24-1260 (5) FOR AN ALLEGED VIOLATION OF SUBSECTION (2) OF THIS SECTION
AGAINST AN EMPLOYER
, THE EMPLOYER HAS AN AFFIRMATIVE DEFENSE TO
THE ALLEGATION IF THE EMPLOYER ESTABLISHES THAT THE EMPLOYER
CONVEYED IN CLEAR AND CONSPICUOUS TERMS THAT THE EMPLOYEE HAD
THE OPTION TO LEAVE THE MEETING WHERE THE VIOLATION ALLEGEDLY
TOOK PLACE
.
(6) T
HIS SECTION DOES NOT APPLY TO A RELIGIOUS CORPORATION ,
ENTITY, ASSOCIATION, EDUCATIONAL INSTITUTION, NONPROFIT FAITH-BASED
HEALTH SYSTEM
, NONPROFIT FAITH-BASED HEALTH FACILITY, OR SOCIETY
THAT IS EXEMPT FROM THE REQUIREMENTS OF
TITLE VII OF THE "CIVIL
RIGHTS ACT OF 1964", 42 U.S.C. SEC. 2000e-1 (a), AS AMENDED, WITH
RESPECT TO SPEECH ON RELIGIOUS MATTERS TO EMPLOYEES WHO PERFORM
WORK CONNECTED WITH THE ACTIVITIES UNDERTAKEN BY SUCH RELIGIOUS
CORPORATION
, ENTITY, ASSOCIATION, EDUCATIONAL INSTITUTION ,
NONPROFIT FAITH-BASED HEALTH SYSTEM, NONPROFIT FAITH-BASED HEALTH
FACILITY
, OR SOCIETY.
(7) N
OTHING IN THIS SECTION IS INTENDED TO CIRCUMVENT ANY
EMPLOYER OBLIGATIONS UNDER PART
4 OF ARTICLE 34 OF TITLE 24; TITLE
VII OF THE FEDERAL "CIVIL RIGHTS ACT OF 1964", 42 U.S.C. SEC. 2000e ET
SEQ
.; AS AMENDED; OR ANY OTHER ANTIDISCRIMINATION LAW .
(8) A
N EMPLOYER SHALL DISTRIBUTE A NOTICE PROVIDED BY THE
DEPARTMENT TO EACH EMPLOYEE TO INFORM THE EMPLOYEE OF THE
EMPLOYEE
'S RIGHTS PURSUANT TO THIS SECTION . THE EMPLOYER SHALL
DISTRIBUTE THE NOTICE IN THE SAME MANNER THAT IT DISTRIBUTES OTHER
LEGAL NOTICES
, WHETHER BY POSTING AT EMPLOYER WORK SITES OR
DISTRIBUTING THROUGH THE EMPLOYER
'S E-MAIL SYSTEM OR OTHER
REGULARLY USED COMMUNICATION
.
SECTION 3. Appropriation. For the 2024-25 state fiscal year,
$278,564 is appropriated to the department of labor and employment for use
by the division of labor standards and statistics. This appropriation is from
the general fund and is based on an assumption that the division will require
an additional 2.8 FTE. To implement this act, the division may use this
appropriation for program costs related to labor standards.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 8-HOUSE BILL 24-1260 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-HOUSE BILL 24-1260