February 21, 2011

The Honorable State Senators
State Capitol Bldg.
200 E. Colfax Ave.
Denver, CO    80203

Dear Senator:

RE: SB11-072 – Concerning the Creation of Remedies in Employment Discrimination Cases

CRBC opposes SB11-072 because it targets employers with less than 15 employees.  This bill makes is easier for employees to sue their employers under Colorado law for expanded classes of economic damages, as well as for non-economic damages.  These non-economic damages are “emotional pain”,”inconvenience”,”mental anguish” and “loss of enjoyment of life”. 

Under current law companies with 15 of fewer employees are not subject to the expanded remedies of large employers. This bill makes it more lucrative for both plaintiff and his attorney to file lawsuits against Colorado employer, incentivizing more lawsuits against employers of all sizes.

Small companies don’t have HR departments to avoid the many litigation traps employers face every time they make a decision to hire, promote or fire and employee.  Additionally, small companies often do not have the resources to defend these cases, even meritless cases, and may be incentivized to settle early rather then defend themselves, thereby encouraging more claims.

The small business owners of CRBC oppose SB11-072 because it threatens the existence of the family business that supports their families.

Respectfully,

Christine Burtt
Chairman
Colorado Republican Business Coalition
303.722.9958
chairman@smallbizgop.com

Jim Noon