Date: 04/20/2015

Final
BILL SUMMARY for SB15-069

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Lay over Senate Bill 15-069 until June 1, 2015, whPASS



01:49 PM -- SB15-069

The committee took a brief recess.


01:58 PM

The committee reconvened and began witness testimony on Senate Bill 15-069 without a presentation by the bill sponsor. The bill modifies provisions of Colorado statute related to legal recourse for employment discrimination. The bill also repeals a requirement that the Colorado Civil Rights Division (CCRD) form a volunteer working group of employer and employee representatives.

The bill reverses certain changes to state employment law enacted by House Bill 13-1136, which took effect January 1, 2015. Specifically, the bill repeals and reenacts provisions of state law related to remedies for employment discrimination.

Under current law, any employee who proves to the CCRD or, as applicable, the State Personnel Board (personnel board) that workplace discrimination on the basis of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry occurred may seek equitable relief (e.g., reinstatement) or an award of back pay and prospective earnings. In cases of intentional discrimination, and subject to certain limits, the law permits an employee who has prevailed at the CCRD or personnel board to pursue compensatory and punitive damages in state court. The present bill eliminates the option to pursue damages in court and limits remedies awarded by the CCRD to certain equitable remedies, removing prospective earnings from CCRD remedies.

A conforming amendment repeals the authority for the Risk Management Fund in the Department of Personnel and Administration (DPA) to be used for payment of compensatory damages to state employees.

01:59 PM -- Patti Kurgan, representing herself, testified in support of the bill. Ms. Kurgan discussed the burden of current law on small businesses. She provided examples of frivolous lawsuits filed against employers.

02:04 PM -- Jennifer McPherson, representing the CCRD, testified in opposition to the bill. Ms. McPherson spoke about jurisdictional limitations, federal anti-discrimination laws, remedies available to individuals filing discrimination claims, and the implementation of HB 13-1136. She responded to questions from the committee about the number of civil rights discrimination claims filed since January 1, 2015.


02:11 PM

The committee continued to discuss existing civil rights cases in Colorado.

02:15 PM -- Merrily Archer, representing herself, testified in support of the bill. Ms. Archer spoke about her professional background in civil rights law. She discussed the effectiveness of civil rights enforcement actions in Colorado. She commented about the new cases filed with the CCRD since January 1, 2015. She responded to questions from the committee.

02:28 PM -- Barry Roseman, representing the Plaintiff Employment Lawyers' Association, testified in opposition to the bill. Mr. Roseman discussed his background in the area of employment law. He expressed his opinion that the effect of current law on small Colorado businesses will be minimal. He responded to questions from the committee about civil rights cases in Colorado.


02:38 PM

The committee continued to discuss civil rights cases with Mr. Roseman.

02:44 PM -- Erin Bennett, representing 9 to 5, testified in opposition to the bill. Ms. Bennett discussed calls to the 9 to 5 help line about workplace discrimination. She spoke about remedies and recourse for individuals who face harassment and discrimination. She provided an example of such an individual. She responded to questions from the committee.

02:49 PM -- Clayton Wire, representing the Colorado Trial Lawyers' Association, testified in opposition to the bill. Mr. Wire spoke about one of his clients and her experience with sexual harassment. He discussed the remedies available to his client under current law.

02:52 PM -- Kristen Jefferson, representing the Bell Policy Center, testified in opposition to the bill. Ms. Jefferson distributed and read a written statement (Attachment B).

15HouseState0420AttachB.pdf15HouseState0420AttachB.pdf
BILL:SB15-069
TIME: 03:06:06 PM
MOVED:Ryden
MOTION:Lay over Senate Bill 15-069 until June 1, 2015, which has the effect of postponing the bill indefinitely. The motion passed on a vote of 9-2.
SECONDED:Salazar
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
Yes
Willett
Yes
Salazar
Yes
Ryden
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS