CO SB023

Prohibits Colorado state government, its departments, institutions, and agencies from requiring employees or prospective employees to sign nondisclosure agreements that restrict disclosure of factual circumstances concerning their employment

Creates exceptions allowing nondisclosure restrictions only for: (1) factual circumstances that reasonably implicate employee privacy interests if the employee voluntarily elects to restrict disclosure, and (2) matters required to be kept confidential by federal or state law or matters involving specialized details of security arrangements or investigations

Deems any nondisclosure provisions that conceal employment-related factual circumstances as against public policy and unenforceable against current or former employees, except for the limited exceptions listed above

Prohibits state employers from taking retaliatory action against individuals who refuse to enter into nondisclosure agreements deemed unenforceable under this law and requires employers who attempt to enforce such provisions to pay the employee's reasonable attorney fees and costs

Takes effect 90 days after final adjournment of the general assembly, unless a referendum petition is filed, in which case it requires voter approval at the November 2022 general election; applies to all contracts and agreements entered into, renewed, modified, or amended on or after the effective date