House Should Cut the Lights on the POWR Act

April 26, 2023 Last Edit: March 19, 2026

House Should Cut the Lights on the POWR Act

FOR IMMEDIATE RELEASE Contact: Tony Gagliardi, Colorado State Director, tony.gagliardi@nfib.org, or Tony Malandra, Senior Media Manager, anthony.malandra@nfib.org DENVER, April 26, 2023—One business association today separated itself from some of the sister associations it often partners with on legislation by opposing – in its entirety — Senate Bill 172, a discrimination in the workplace measure that reads more like a lawyer-enrichment scheme than a curative. “We’re glad a couple of our sister business associations lobbied for some changes in this needless proposal, but our members would like to see it defeated entirely,” said Tony Gagliardi, Colorado state director for the National Federation of Independent Business (NFIB). The so-called Protecting Opportunities and Workers’ Rights (POWR) Act (SB 172) is speeding its way through the House committee process and is expected to come up for a vote by the full House ahead of the May 8 adjournment date for the 2023 session. “Our small-business-owning membership employs between five and nine people. These people work night and day not only keeping their enterprises open but complying with all the local, state, and federal paperwork required of them. They can’t afford human resources directors, compliance officers, and lawyers that big companies can. They are also quite capable of handling the rare harasser in their midst. “Colorado already has strong laws against workplace discrimination. Could we hear from SB 172 proponents why the severe-and-pervasive standard on workplace discrimination used by 46 other states is not fit for Colorado and why liberalizing it is not a thank-you to their trial-lawyer patrons seeking more lawsuit opportunities?” According to the bill’s Fiscal Note, SB 172 “redefines harassment as ‘unwelcome conduct related to an individual’s membership in a protected class, and submission to the conduct is a condition of the individual’s employment, is used as a basis for employment decisions, or would be offensive to a reasonable person in the same protected class;’ specifies that harassment does not need to be severe or pervasive to constitute a discriminatory or unfair practice.” “Only our legislative progressives could turn a blind eye to the epidemic retail theft and drug crimes pervasive in our states — and right outside our Capitol — to look for evil doing in a mom-and-pop Main Street enterprise,” said Gagliardi. Keep up with the latest Colorado small-business news at www.nfib.com/colorado or by following NFIB on Twitter @NFIB_CO or on Facebook @NFIB.CO ### For nearly 80 years, NFIB has been advocating on behalf of America’s small and independent business owners, both in Washington, D.C., and in all 50 state capitals. NFIB is a nonprofit, nonpartisan, and member-driven association. Since its founding in 1943, NFIB has been exclusively dedicated to small and independent businesses and remains so today. For more information, please visit nfib.com. NFIB Colorado 1700 Lincoln Street, 17th Floor Denver, CO 80203 303-860-1778 www.nfib.com/colorado Twitter: @NFIB_CO Facebook: NFIB.CO