SB21-176: Protecting Opportunities and Workers' Rights (POWR) Act

• Expands employment discrimination protections by adding marital status and caregiver status as protected categories, and broadens the definition of "employee" to include domestic workers, independent contractors, and unpaid workers.

• Increases the filing deadline for discrimination charges from 6 months to 300 days and eliminates the requirement to exhaust administrative remedies if the charging party files a charge with the Colorado Civil Rights Commission or serves a written demand on the employer allowing 14 days to respond.

• Modifies the harassment standard to prohibit unwelcome conduct based on protected status without requiring it to be "severe or pervasive," and makes it discriminatory for employers to fail to investigate complaints or take prompt remedial action.

• Requires employers with 20+ employees to provide annual harassment and discrimination prevention training within 180 days of hire and annually thereafter, with sample programs to be developed by the Division at no cost to employers.

• Voids nondisclosure provisions in employment agreements unless they apply equally to all parties and include specific conditions, and allows evidence of prior nondisclosure agreements involving the same individuals to support punitive damages awards.