8-2.5-101. Preventing legislative and judicial access to employees - intimidation of legislative witnesses - penalty.
Statute text
(1) (a) It is unlawful for any person to adopt or enforce any rule, regulation, or policy forbidding or preventing any of its employees, franchisees, or agents or entities under its control or oversight from, or to take any action against its employees, franchisees, or agents or entities under its control or oversight solely for, testifying before a committee of the general assembly or a court of law or speaking to a member of the general assembly at the request of such committee, court, or member regarding any action, policy, rule, regulation, practice, or procedure of any person or regarding any grievance relating thereto. Any person violating any provision of this section commits a class 2 misdemeanor.
(b) The prohibition in paragraph (a) of this subsection (1) shall not apply to testimony before a committee of the general assembly or a court of law that discloses confidential, proprietary, or otherwise privileged information of any person.
(1.5) (a) It is unlawful for any person:
(I) To intimidate a legislative witness, by use of a threat, in order to intentionally influence or induce a legislative witness:
(A) To appear or not appear before a committee of the general assembly;
(B) To give or refrain from giving testimony to a committee of the general assembly;
(C) To testify falsely before a committee of the general assembly; or
(D) To avoid legal process summoning the legislative witness to attend and testify before a committee of the general assembly; or
(II) To take any action against a legislative witness for testifying before a committee of the general assembly.
(b) For the purposes of this subsection (1.5):
(I) "Legislative witness" means any individual that intends to testify or testifies before a committee of the general assembly either voluntarily or pursuant to a subpoena issued by any committee of the general assembly or of either house thereof.
(II) "Threat" means to communicate directly the intent to do any act that is intended to harm the health, safety, property, business, or financial condition of the legislative witness.
(c) Any person violating any provision of this subsection (1.5) commits a class 2 misdemeanor.
(2) (a) An employee, a franchisee, an agent or an entity under the control of any person, or a legislative witness may recover damages, including reasonable attorney fees, from any person for injuries suffered through a violation of this section.
(b) Nothing in this section shall be construed to prohibit an employee, a franchisee, an agent or an entity under the control of any person, or a legislative witness from pursuing any other right of action permitted pursuant to law for injuries suffered through a violation of this section.
(3) Nothing in this section shall obligate any person to compensate an employee or agent for time spent testifying before a committee of the general assembly or a court of law or speaking to a member of the general assembly at the request or invitation of such committee, court, or member regarding any action, policy, rule, regulation, practice, or procedure of any person or regarding any grievance relating thereto.
(4) For purposes of this section, "person" means a corporation, a limited liability company, a partnership, an association, a firm, a state agency as defined in section 24-50.5-102 (4), C.R.S., a county, a city and county, a municipality, a federal agency, an individual, or any officer or agent thereof.
History
Source: L. 97: Entire article added, p. 1611, 1, effective June 4. L. 98: (1.5) added and (2) amended, p. 693, 1, effective August 5. L. 2021: (1)(a) and (1.5)(c) amended, (SB 21-271), ch. 462, p. 3139, 84, effective March 1, 2022.
Annotations
Cross references: For interference with the legislative process, see part 4 of article 2 of title 2; for attempt to influence a public servant, see 18-8-306; for perjury and related offenses pertaining to governmental operations, see part 5 of article 8 of title 18; for attendance of witnesses before the general assembly, see 2-2-313; for the penalty for a class 2 misdemeanor, see 18-1.3-501.
Annotations
ANNOTATION
Annotations
There is no basis to conclude that this section clearly expresses a public policy that forbids an employer from terminating an employee for filing a motion for a temporary restraining order or a lawsuit against an employer. The section does not clearly mandate a general public policy protecting access to the courts. Slaughter v. John Elway Dodge S.W./AutoNation, 107 P.3d 1165 (Colo. App. 2005).
To bring a successful claim under this section, a plaintiff must establish that any action taken was solely because of plaintiff's testimony. Emerson v. Wembley USA Inc., 433 F. Supp. 2d 1200 (D. Colo. 2006).
This statute protects an employee who testifies as a witness in a court proceeding upon being called by one of the parties or counsel to the proceeding but without an order, subpoena, or other formal court-issued request. Butler v. Bd. County Comm'rs for San Miguel, 2021 COA 32, 491 P.3d 506.
Annotations
Law reviews: For article, "Labor and Employment Law", which discusses Tenth Circuit decisions dealing with labor law, see 63 Den. U. L. Rev. 395 (1986); for article, "Labor and Employment Law", which discusses Tenth Circuit decisions dealing with labor law, see 64 Den. U. L. Rev. 271 (1987); for article, "Labor and Employment Law", which discusses Tenth Circuit decisions dealing with labor law, see 65 Den. U. L. 565 (1988); for a discussion of Tenth Circuit decisions dealing with labor law, see 67 Den. U. L. Rev. 751 (1990); for article, "The Law, Economics, and Politics of Right to Work: Colorado's Labor Peace Act and its Implications for Public Policy", see 70 U. Colo. L. Rev. 871 (1999).
Section
8-3-101. Short title.
8-3-102. Legislative declaration.
8-3-103. Construction.
8-3-104. Definitions.
8-3-105. Director to administer - adopt rules and regulations.
8-3-106. Rights of employees.
8-3-107. Representatives and elections.
8-3-108. What are unfair labor practices.
8-3-109. What are not unfair labor practices.
8-3-110. Prevention of unfair labor practices.
8-3-111. Protection of employees when authority acquires certain operations.
8-3-112. Arbitration.
8-3-113. Mediation.
8-3-114. Duties of attorney general and district attorneys.
8-3-115. Employer and employee committees.
8-3-116. Interference with director - officer of division.
8-3-117. Existing contracts unaffected.
8-3-118. Jurisdiction to issue restraining orders or injunctions.
8-3-119. Relations contrary to public policy.
8-3-120. Conflict of provisions.
8-3-121. Civil liability for damages.
8-3-122. Penalty for violation.
8-3-123. Nonapplicability of other statutes.