20B3FBE060276F8B872586AA007D72C2 Hearing Summary

Senators Winter and Pettersen. co-prime sponsors, explained Senate Bill 21-176, concerning protections for Colorado workers against discriminatory employment practices.  They discussed independent contractors, hostile work environments, and nondisclosure agreements. 

Senator Winter distributed and briefly discussed the following amendments:  L.001 (Attachment D), L. 003 (Attachment E), L. 004 (Attachment F), L. 005 (Attachment G), L.006 (Attachment H), L.007 (Attachment I), L.008 (Attachment J), and L. 009 (Attachment K). 

Ms. Christine Breen, representing Plaintiff Employment Lawyer's Association and Women's Lobby of Colorado, testified in support of the bill. She discussed independent contractors and harassment.  

Mr. Ian Kalmanowitz, representing Colorado Plaintiff Employment Lawyers Association, testified in support of the bill. He discussed severe or pervasive work environments, as outlined in the bill.

Rachel Ellis, representing Plaintiffs Employment Lawyers Association, testified in support of the bill. She discussed non-disclosure agreements. 

Discussion followed about independent contractors. 

Committee members asked questions about the gig economy, independent contractors, harassment, taxes, and employer/employee relationships. 

Discussion ensued about objective reasonable person standards of conduct, liability of employer, complaint processes, affirmative defense, and workplace standards, as outlined in the bill. 

Further committee discussion covered changes the bill makes to employment law and harassment. 

Ms. Kathleen Curry, representing Ute Water Conservancy District, testified in opposition to the bill.  She discussed liability and independent contractors. 

Lauren Masias, representing Colorado Competitive Council, testified in opposition to the bill.  She raised concerns about litigation.

Committee members asked questions about independent contractors, other state laws, employer mandates, and economic development. 

Mr. Chad Trulli, representing Employers Council, testified in opposition to the bill.  He raised concerns that bill is too punitive and litigious. 

Committee discussion followed about litigation, definitions of phrases in the bill, independent contractors, prevention, practices in other states, employer liability, and medical examination provisions.  

Further committee discussion ensued about the employer, employee, and independent contractor relationships covered in the bill. 

Michelle F, representing self, testified in support of the bill.

Megan Survivor, representing self, testified in support of the bill.

C Survivor, representing self, was available to answer committee questions.

Committee members asked questions about the Colorado Civil Rights Commission (CCRC) and pregnancy discrimination.

DIanna Orf, representing Colorado Mining Association, testified in opposition to the bill. She raised concerns about vague and over-broad definitions, as outlined in the bill. 

Richard Orf, representing Associated Governments of Northwest Colorado, testified in opposition to the bill. He expressed concerns about litigation. 

Committee members asked questions about immunity and medical provisions in the bill. 

Eric Hauch, representing Colorado Independent Drivers United, testified in support of the bill.

Jason Tarry, representing self, testified in support of the bill.

Ms. Kelli Riley, representing self, testified in support of the bill.

Committee members engaged in a discussion about nondisclosure agreements and power imbalances.

Ms. Ellen Buckley, representing self, testified in support of the bill. She read testimony from Susan Hoight, a caregiver in support of the bill. 

Sarah Mercer, representing Brownstein Hyatt Farber Schreck on behalf of C3 & Denver Metro Chamber Legal Advisory Committee, testified in opposition to the bill. She raised legal concerns about definitions in the bill and discussed differences between harassment and discrimination. 

Anneliese Steel, representing Colorado Concern, testified in opposition to the bill. She expressed concerns about overly broad definitions. 

Committee members asked questions about conflating harassment and discrimination, questions of fact, nondisclosure agreements,  employment medical examinations, and motions for summary judgements. 

Ms Andrea Kuwik, representing Bell Policy Center, testified in support of the bill.

Selina Najar, representing Cobalt, testified in support of the bill.

Karla Gonzales Garcia, representing Colorado Organization for Latina Opportunity and Reproductive Rights, testified in support of the bill.

Mrs. Heidi Gordon, representing American Council of Engineering Companies of Colorado, testified in opposition to the bill. She read testimony on behalf of Bill Green and Dean Bradley.

Meghan Dollar, representing Colorado Municipal League, testified in opposition to the bill.  She answered questions about medical examination requirements as a condition of employment. 

 Dirk Draper, representing Colorado Springs Chamber & EDC, testified in opposition to the bill.

Michael Crews, representing One Colorado, testified in support of the bill.

Ms. Jessica Ramos, representing 9to5 Colorado, testified in support of the bill.

Committee members asked questions about independent contractors and related data. 

Dr. Christi Sanders Via, representing COSHRM/WCHRA, testified in opposition to the bill.

Mrs. Heidi Hayward, representing Natural Grocers, testified in opposition to the bill.

Morgana LeBold, representing Southern Colorado Women's Chamber of Commerce, testified in opposition to the bill.

Committee members asked questions about independent contractors.

Ms Jeanette Hensley, representing Colorado Senior Lobby, testified in support of the bill.

Molly Geoghegan, representing COJWJ, testified in support of the bill.

Jared Make, representing A Better Balance, testified in support of the bill.

Committee members asked questions about caregivers and caregiver exceptions. 

Diane Schwenke, representing Grand Junction Area Chamber of Commerce, testified in opposition to the bill.

Dave Davia, representing Rocky Mountain Mechanical Contractors Association, testified in opposition to the bill.

Diana Petrak, representing Colorado Policy Pathways, testified in opposition to the bill.

Mr. David Zwisler, representing Northern Colorado Legislative Alliance, testified in opposition to the bill.

Mr. Tony Gagliardi, representing NFIB , testified in opposition to the bill.

Ray Nunn, representing Nunn Construction, testified in opposition to the bill.

Committee members asked questions about independent contractors and incentivizing employers to provide harassment training and awareness. 

Dave Jeffrey, representing JPM Prototype and Colorado Advanced Manufacturing Association, testified in opposition to the bill.

Larry Hudson, representing Colorado Chamber of Commerce, testified in opposition to the bill.

Jonathan Dhillon, representing Natural Grocers, testified in opposition to the bill.

Committee discussion ensued about the costs associated with harassment and ways to address harassment short of litigation.

Eric Bergman, representing Colorado Counties, Inc., testified in opposition to the bill.

Mr Alab Lewis, representing Natural Grocers, testified to amend the bill.

Mr. Barry Roseman, representing National Employment Lawyers Association, testified in support of the bill.

Ms. Iris Halpern, representing Colorado Women's Bar Association, testified in support of the bill.

Committee members asked questions about the Americans with Disabilities Act, frivilous claims, caregivers, harassment, discrimination, and hostile work environments. 

Discussion further ensued about volunteers and persons under parole supervision and if they were covered under the bill.

Written testimony on SB17-176 can be found in Attachment L. 

Senator Winter recapped the amendments that were distributed earlier in the hearing.