Colorado POWR Act / Harassment Compliance Plan
Compliance plan for Colorado's POWR Act (effective August 2023) and the Colorado Anti-Discrimination Act. Covers expanded harassment definitions, age discrimination protections, 5-year recordkeeping mandate, NDA restrictions, and the complaint procedure CCRD expects.
When this template is required
Required of every Colorado employer. Colorado's POWR Act (Protecting Opportunities and Workers' Rights, effective August 2023) significantly expanded employee protections — explicit harassment definitions, age discrimination protections strengthened, mandatory record-keeping (5-year retention), restrictions on NDAs related to discrimination/harassment. The POWR Act overlays the long-standing CADA (Colorado Anti-Discrimination Act).
Why this template
POWR Act effective August 2023
SB23-172 (POWR Act) substantially expanded Colorado employment protections effective August 7, 2023. Many CO employers haven't fully updated policies and procedures. The plan addresses the new requirements.
Expanded harassment definitions
POWR Act expanded the definition of harassment beyond traditional 'severe or pervasive' standard. Now covers conduct that is 'subjectively offensive to the individual alleging harassment and is objectively offensive to a reasonable individual.' Easier for employees to bring claims; employers need clearer policies and prompt response.
Age discrimination strengthened
POWR Act removed prior caps on age discrimination claims and strengthened the protections — including against age-based job posting language, age-related interview questions, and certain retirement-incentive pressure. The plan documents compliant practices.
5-year recordkeeping
Mandatory 5-year retention of personnel and employment-related records, including complaints, investigations, and outcomes. The procedure documents the retention schedule and the records management.
What you receive
- Colorado POWR / Anti-Harassment Policy (Word .docx)
- POWR Act expanded harassment definitions
- Age discrimination protections (POWR strengthening)
- 5-year recordkeeping procedure (complaints + investigations + outcomes)
- NDA restrictions compliance procedure (discrimination/harassment-related)
- Complaint intake procedure (multiple channels)
- Investigation protocol with documentation
- Anti-retaliation procedure
- Annual training outline
How you get it
This document is written and reviewed against the standard it cites, and it is ready now. The download link is emailed as soon as your payment clears.
Revisions included — if something about your operation changes what the document should say, reply to the delivery email and we will amend it.
Who buys this
- All Colorado employers (universal mandate)
- Colorado multi-state employers with CO operations
- Colorado high-growth tech employers
- Colorado healthcare and education employers
- Colorado service and hospitality employers
- Colorado public sector employers
Frequently asked
What's the POWR Act?
Protecting Opportunities and Workers' Rights Act — Colorado Senate Bill 23-172, signed June 2023, effective August 7, 2023. Substantially expanded Colorado employment protections: expanded harassment definitions (lowered the 'severe or pervasive' bar); strengthened age discrimination protections; mandatory 5-year recordkeeping; restrictions on NDAs that prevent employees from discussing workplace discrimination/harassment; expanded protections for marital status, military status, public assistance status.
What's the new harassment standard?
Prior CO and federal standard: 'severe or pervasive' conduct constitutes hostile work environment. POWR Act standard: conduct that is 'subjectively offensive to the individual alleging harassment and is objectively offensive to a reasonable individual.' Easier for employees to establish claims. Employer policy must reflect this lower threshold; investigations must take alleged conduct seriously even if not 'severe or pervasive.'
What's the NDA restriction?
POWR Act restricts NDAs that prevent employees from disclosing or discussing workplace discrimination or harassment they experienced or witnessed. NDAs that are overbroad or that silence whistleblowers are void and unenforceable. Employer agreements and severance agreements need review to ensure compliance. The plan documents compliant NDA practices.
What about the 5-year recordkeeping?
POWR Act requires 5-year retention of personnel and employment-related records. Complaints, investigations, and outcomes specifically must be retained. The retention procedure documents what records to keep, how long, in what format, and who has access.
Does this require annual training?
POWR Act doesn't mandate specific annual training (unlike IL or CA), but training is the standard means of demonstrating policy implementation. Annual harassment prevention training is best practice and helps establish the employer's good-faith effort if a claim is brought. The plan includes an annual training outline.