Rep. Brian DelGrosso
R-Loveland
Rep. Pete Lee
D-Colorado Springs
It’s all in how you look at it. When a workplace discrimination case goes to court in Colorado, small businesses deserve some latitude and protection from punitive damages, according to a Republican bill that died in the Democrat-led House Judiciary Committee Thursday on a 7-6 party line vote. Democrats on the committee maintained that the guilty should be held responsible, and the courts could mete out a fair settlement for discrimination relative to each case.
The sharp difference in perspective was spelled out in the headlines on press releases that came from each parties’ communications team in the House.
“Holding the Line Against Workplace Discrimination; Panel Rejects GOP Attempt to Roll Back Penalties Against Most Egregious Offenders,” the Democrats declared. Came the Republicans, “Democrats refuse to create level playing field for small businesses.”
The Republicans contend that when the Democrats passed an anti-discrimination law in 2013 to allow punitive damages against businesses with 15 or fewer employees, they excluded state agencies. Small businesses should get the same consideration, and the shield would not affect compensatory damages awarded to those who win their cases, according to the House GOP.
My colleague, Lynn Bartels (a new member of the Denver Press Club Hall of Fame, by the way), that Republicans deemed the anti-discrimination law “anti-business and a payback to trial lawyers.”
Democrats said the law gives judges the right to determine punitive damages when “an employer maliciously, or with reckless indifference, engages in discriminatory workplace practices.” Workers risked losing the ability to “protect themselves against blatant, intentional discrimination when they are at work,” their release Thursday stated.
The committee’s vice chairman, Rep. Pete Lee, a Democrat from Colorado Springs, said the current law gives judges the discretion to consider the size of the company and its assets, while ensuring evidence of intent and malice is “clear and convincing.”
The Republicans put muscle behind the effort. The bill’s sponsorship came from the top, Republican House leader Brian DelGrosso of Loveland.
“Small businesses should not be treated any differently than state and local governments. My bill would have leveled this playing field, giving these businesses the same protections Democrats gave governmental agencies in 2013,” DelGrosso said in his press release. “Despite their rhetoric, Democrats refusal to level the playing field once again shows their unwillingness to support small businesses in Colorado.”
You can deliberate the question more by .
