Colorado POWR Act Expands Workplace Discrimination Protections and Adds Marital Status

What Changed

Colorado enacted the Protecting Opportunities and Workers' Rights Act (POWR Act), codified as Senate Bill 23-172 (SB 23-172), signed by Governor Polis on June 6, 2023. The POWR Act makes several significant changes to Colorado's anti-discrimination and harassment framework:

1. Marital status added as a protected class: The law broadly defines marital status to include being single, cohabitating, engaged, widowed, married, in a civil union, legally separated, or in the process of dissolving a marriage or civil union

2. Expanded harassment standards: The law lowers the threshold for actionable harassment, moving away from the requirement that conduct be "severe or pervasive" in certain circumstances

3. Nondisclosure agreement (NDA) restrictions: The POWR Act limits the use of NDAs and confidentiality provisions in settlement agreements related to discrimination and harassment claims

4. Disability accommodation changes: Expanded protections for employees with disabilities

5. Personnel record retention: New requirements for how long employers must retain personnel records

Who Is Affected

All Colorado employers are affected by the addition of marital status as a protected characteristic. The harassment, NDA, and disability accommodation provisions apply to all employers subject to the Colorado Anti-Discrimination Act (CADA).

Where It Applies

Colorado statewide.

When It Takes Effect

August 7, 2023. The act applies to employment actions occurring on or after this date; it is not retroactive.

Why It Matters

The POWR Act represents one of the most significant expansions of Colorado employment law in recent years. The combination of a new protected class (marital status), lowered harassment standards, and NDA restrictions creates a fundamentally changed compliance landscape. Employers who have not updated their policies risk exposure to claims under the new, more employee-friendly standards.

The NDA restrictions are particularly notable — employers can no longer use broad confidentiality provisions to silence employees in discrimination or harassment settlements, with limited exceptions.

The Humareso Take

Colorado is not messing around with the POWR Act. The marital status addition is the headline, but the harassment standard changes and NDA restrictions are arguably more impactful in practice. If you settle employment disputes in Colorado using confidentiality agreements, you need your legal team to review those templates immediately. And if your harassment training still references the old "severe or pervasive" standard, it needs an update. This is a comprehensive law that touches multiple aspects of your compliance program.

Recommended Action Steps

1. Update your EEO and anti-discrimination policies to include marital status as a protected characteristic.

2. Revise your harassment prevention training to reflect the expanded harassment standards under the POWR Act.

3. Review settlement agreement templates with legal counsel to ensure NDA provisions comply with the new restrictions.

4. Update your employee handbook to reflect all POWR Act changes.

5. Audit personnel record retention practices to ensure compliance with new requirements.

6. Contact your Humareso representative for comprehensive POWR Act compliance guidance and updated policy templates.