Colorado § 8-14.4-102 - Prohibition against discrimination based on claims related to health and safety.

§ 8-14.4-102. Prohibition against discrimination based on claims related to health and safety.

(1) A principal shall not discriminate, take adverse action, or retaliate against any worker based on the worker, in good faith, raising any reasonable concern about workplace violations of government health or safety rules, or about an otherwise significant workplace threat to health or safety, to the principal, the principal's agent, other workers, a government agency, or the public if the principal controls the workplace conditions giving rise to the threat or violation.

(2) (a) A principal shall not require or attempt to require a worker to sign a contract or other agreement that would limit or prevent the worker from disclosing information about workplace health and safety practices or hazards or to otherwise abide by a workplace policy that would limit or prevent such disclosures.

(b) A contract or agreement that violates subsection (2)(a) of this section is void and unenforceable as contrary to the public policy of this state. A principal's attempt to impose such a contract or agreement is an adverse action in violation of this article 14.4.

(3) A principal shall not discriminate, take adverse action, or retaliate against a worker based on the worker voluntarily wearing at the worker's workplace the worker's own personal protective equipment, such as a mask, faceguard, or gloves, if the personal protective equipment:

(a) Provides a higher level of protection than the equipment provided by the principal;

(b) Is recommended by a federal, state, or local public health agency with jurisdiction over the worker's workplace; and

(c) Does not render the worker incapable of performing the worker's job or prevent a worker from fulfilling the duties of the worker's position.

(4) A principal shall not discriminate, take adverse action, or retaliate against a worker based on the worker opposing any practice the worker reasonably believes is unlawful under this article 14.4 or for making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing as to any matter the worker reasonably believes to be unlawful under this article 14.4.

(5) This section does not apply to a worker who discloses information:

(a) That the worker knows to be false; or

(b) With reckless disregard for the truth or falsity of the information.

(6) Nothing in this section authorizes a worker to share individual health information that is otherwise prohibited from disclosure under state or federal law.

Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1352, § 1, effective July 11. L. 2022: (1) and (2)(a) amended, (SB 22-097), ch. 274, p. 1973, § 1, effective May 31.

ANNOTATION

Law reviews. For article, "COVID-19 and the Americans with Disabilities Act: When Might the Disease Be Considered a Disability for Which Employees Have Legal Protections in the Workplace?", see 99 Denv. L. Rev. 311 (2022).