The Denver Business Journal quoted Brooke Colaizzi, who shared her insights on the consequences of the POWR (Protecting Opportunities and Workers Rights) Act, also known as Senate Bill 23-172, becoming law with Gov. Jared Polis’s signature this week. Colaizzi helped author some changes to the bill during the legislative session to make it more palatable for the business community. Still, she says, the act will create some ambiguities for employers and could usher in unpopular changes in employers’ handling of employee harassment complaints.

Here’s an excerpt from the article.

Even though business groups withdrew their opposition, and Gov. Polis ultimately signed the bill into law, Colaizzi said she is concerned about the long-term implications of SB 23-172.

“No one is ‘for’ harassment in the workplace, but practically speaking, employers cannot prevent every offensive comment or circumstance from occurring in the workplace,” Colaizzi told the Denver Business Journal. “The concern with a new standard is the possibility that the floor is lowered so far that conduct becomes actionable before an employer can become aware of it and take corrective action. As courts evaluating harassment claims have said for years, the intent of these laws is not to create a civility standard, but rather to address truly illegal conduct.”

Colaizzi added that it remains to be seen what kind of precedent SB 23-172 sets as cases springing from the law wind their way through the courts. Additionally, the law could actually hurt the workers that it purports to protect.

“Changes like this can sometimes push employers toward short-circuiting harassment investigations, choosing to credit complaints without conducting much investigation,” Colaizzi said.

Read the full article here. (Subscription required.)