Ensure your organization is compliant with the POWR Act and avoid the penalties associated with non-compliance.
The POWR Act, which took effect in August 2023 and is not retroactive, made a number of material changes to Colorado's Anti-Discrimination Act. Namely, it lowered the threshold for a harassment claim which will likely result in an increase in viable harassment and hostile work environment claims in Colorado. Additionally, the POWR Act also limits the availability of affirmative defenses for claims of harassment by supervisors and has created stringent requirements for non-disclosure provisions in all employment agreements. The stringent non-disclosure requirements likely mean that employers will need to revise template separation agreements and any other agreements that contain a non-disclosure or non-disparagement provision to comply with this law. Furthermore, the POWR Act adds marital status as a protected class under the law and also mandates that personnel or employment records--defined broadly to include accommodation requests, complaints of discrimination or unfair practices, applications, etc.--must be retained for five years. This presentation will help employers understand these significant legal changes and will help employers to understand and identify which of their current policies and practices need to be updated and revised to meet the new POWR Act requirements. This presentation is critical for employers so they can ensure that they are compliant with the POWR Act and that they avoid the penalties associated with non-compliance.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Expanded Protected Categories
- All Categories Protected by the Colorado Anti-Discrimination Act (Cada)
- Inclusion of Marital Status as a New Protected Class
Harassment
- Lowered Standard for Harassment Claims
- Federal Standard
- New Colorado Standard
- Discussion of Lowered Harassment Standard in Other States
Limited Affirmative Defenses
- Established Program in Place
- Best Practices
Robust Record Keeping Requirements
- Time Period for Maintaining Records
- Designated Repository for Records
- Best Practices for Maintaining Records of Complaints
Stringent Non-Disclosure Agreement Conditions
- Conditions for Non-Disclosure Provisions in Employment Agreements
- Required Addendum
- Penalties and Punitive Damages
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 25, 2023.
Call 1-866-352-9540 for further credit information.
- ASA 1.0
- This program qualifies for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]. Please retain proof of attendance in the event your CE record is audited.
- CO CLE 1.0
- This program has been approved by the Colorado Supreme Court Board of Continuing Legal and Judicial Education for 1.0 hours of CLE.
HR Certification Institute 1.0
- This E-Learning program has been pre-approved for 1.0 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
David Gartenberg
Littler Mendelson P.C.
David C. Gartenberg
- Shareholder in the Denver office of Littler
- Focuses on Unfair Competition and Trade Secrets, Workplace Violence Prevention and Littler X-celerator Toolkits
- Represents and advises employers of all sizes in complex litigation and employment law in federal and state courts nationwide
- Serves as the Colorado coordinator and liaison for Littler’s Workplace Policy Institute (WPI)
- Regularly conducts trainings for clients and is a published author on various employ-ment topics
- J.D. degree, Cornell University Law School; B.A. degree, Cornell University
- •Maybe contacted at [email protected] or (303) 362-2855
Monaliza Rainwater
Littler Mendelson P.C.
- An attorney in the Denver office of Littler
- Focuses on Discrimination and Harassment, Policies, Procedures and Handbooks and Investigations
- Focuses her practice on labor and employment law matters
- Published author on various employment related topics
- J.D. degree, Emory University School of Law; B.A. degree, Hunter College, magna cum laude
- Maybe contacted at [email protected] or (303) 362-2859
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
- OnDemand Courses
- Live Webinars
- MP3 Downloads
- Course Manuals
- Executive Reports
- White Papers and Articles
Additional benefits include:
- State Specific Credit Tracker
- All-Access Pass Course Concierge
Questions? Call 877-296-2169 to speak with a real person.
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