Colorado Whistleblower Laws: Protections and How to Report
Colorado provides strong legal protections for employees who report illegal activity, fraud, waste, or health and safety violations in the workplace. These protections come from a combination of state statutes, common law principles, and federal laws that apply within the state.
Whether you work for a state agency, a private company, or a government contractor, Colorado law prohibits your employer from retaliating against you for blowing the whistle. This guide covers every major whistleblower protection available to Colorado workers, including recent legislative changes through 2025.
This is a summary of Colorado whistleblower laws. Make sure to also review the Federal Whistleblower Laws that apply to all U.S. workers.
Common-Law Whistleblower Protections in Colorado
Colorado follows the employment-at-will doctrine, meaning employers can generally terminate employees for any reason. However, the state recognizes a public policy exception that limits this rule.
Under this exception, employees cannot be fired for reasons that violate clearly established public policy. Colorado courts look to existing statutes, constitutional provisions, and regulatory frameworks to determine what qualifies as public policy.
For example, an employer who fires a worker for filing a workers' compensation claim can be held liable for wrongful termination. The court would find this firing violates the public policy giving employees the right to compensation for work-related injuries.
This common-law protection is important because it fills gaps that statutory protections do not cover. If no specific statute addresses the type of whistleblowing at issue, the public policy exception may still provide a remedy.
To succeed on a wrongful discharge claim, an employee generally must show:
- They were terminated or subjected to adverse action
- The termination violated a clearly established public policy
- The public policy is evidenced by a statute, constitutional provision, or regulation
- They suffered damages as a result
Statutory Whistleblower Protections for State Employees
State Employee Protection Act (C.R.S. 24-50.5-101 through 24-50.5-108)
Colorado's State Employee Protection Act, often called the "Whistleblower Act," is the primary protection for public sector workers. Under C.R.S. 24-50.5-103, it is illegal for a supervisor or appointing authority to take disciplinary action against a state employee who discloses information about a violation of laws or policies.
Who is protected:
- All Colorado state employees, including those in classified and non-classified positions
- Employees of state agencies, departments, and institutions
What is protected:
- Disclosing information about violations of state or federal law
- Reporting actions that are not in the public interest
- Reporting waste, fraud, or abuse of public resources
Requirements for protection:
Before making a formal disclosure to an outside authority, employees must first report the information in good faith to their appointing authority, supervisor, or a member of the Colorado General Assembly. This internal reporting requirement gives the agency a chance to address the problem before it becomes public.
Limitations on protection:
The Act does not protect employees who:
- Disclose information they know to be false
- Share information with reckless disregard for its truth or falsity
- Disclose information from public records that are closed to public inspection
- Reveal other legally protected confidential information
Filing a Complaint with the State Personnel Board
State employees who believe they have been retaliated against must follow specific steps:
- File within 10 days. An employee must file an appeal with the State Personnel Board within 10 days of the retaliatory action.
- Complete required forms. The employee must submit both a Whistleblower Complaint Form and a Consolidated Appeal and Dispute Form.
- Submit by mail, email, or fax. Forms can be sent to the State Personnel Board at 1525 Sherman Street, 4th Floor, Denver, CO 80203, by email at dpa_state.personnelboard@state.co.us, or by fax at (303) 866-5038.
- Wait for the department response. The department has 45 days to respond to the complaint after it is filed with the Board.
| Filing Detail | Requirement |
|---|---|
| Deadline to file | 10 days from retaliatory action |
| Where to file | Colorado State Personnel Board |
| Required forms | Whistleblower Complaint Form and Consolidated Appeal and Dispute Form |
| Department response deadline | 45 days after filing |
| Address | 1525 Sherman Street, 4th Floor, Denver, CO 80203 |
Statutory Protections for Private Sector Employees
Private Enterprise Whistleblower Protections (C.R.S. 24-114-102)
This statute protects employees of private enterprises that hold contracts with state agencies. Under C.R.S. 24-114-102, no appointing authority or supervisor of a private enterprise under contract with a state agency may take disciplinary action against an employee who reports illegal policies or unlawful actions carried out by the enterprise.
Key provisions:
- Employees who disclose information to a fraud hotline administered by the state auditor are protected
- As with state employees, private sector workers must first report in good faith to an appointing authority, supervisor, or member of the General Assembly before making an outside disclosure
- Protection extends to disclosures about violations of laws, misuse of public funds, or fraud in state contracts
Public Policy Exception for All Private Employees
Private employees who do not work for state contractors rely on the common-law public policy exception described above. Unlike the public sector statute, private employees can bring a civil lawsuit for wrongful termination in violation of public policy without going through a formal complaint process.
Workplace Health and Safety Whistleblower Protections
Public Health Emergency Whistleblower (PHEW) Act
Originally enacted in 2020 through HB 20-1415 as a response to the COVID-19 pandemic, this law was significantly expanded by SB 22-097, which took effect on May 31, 2022. The law is now formally known as the Protected Health/Safety Expression and Whistleblowing Act, though it retains the PHEW abbreviation.
What changed with SB 22-097:
The original PHEW law only protected workers who raised concerns related to a declared public health emergency. SB 22-097 removed the "related to a public health emergency" language, expanding protection to all workplace health and safety complaints regardless of whether a public health emergency has been declared.
Who is covered:
The PHEW Act applies to employers with one or more employees or independent contractors. It covers employees, independent contractors, and other workers.
Protected activities under the PHEW Act:
- Raising concerns about workplace health and safety violations or significant hazards that threaten worker or public safety
- Filing complaints with a supervisor, other workers, a government agency, or the public when workplace health and safety practices fall below federal, state, or local standards
- Wearing personal protective equipment at the workplace, such as gloves or face masks
- Opposing unlawful practices or making a charge, testifying, or participating in a proceeding or hearing related to unlawful practices
Employer obligations:
Employers must not discriminate against or take adverse action against any worker for engaging in these protected activities.
Colorado WARNING Rules (7 CCR 1103-11)
The Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving (WARNING) Rules provide a comprehensive regulatory framework for enforcing whistleblower and anti-retaliation protections. Updated rules took effect on February 1, 2026.
The WARNING Rules define key terms that apply across multiple whistleblower statutes:
- Protected activity includes asserting, seeking, or exercising any right or remedy, participating in an investigation, hearing, complaint, or other proceeding, or engaging in any activity authorized or protected by law
- Retaliation means any act, whether affirmative, an omission, or a statement, that is intended to and could deter a reasonable person from engaging in protected activity or impose consequences for protected activity
These rules implement protections under the Healthy Families and Workplaces Act, the PHEW Act, the Equal Pay for Equal Work Act, and the Agricultural Labor Rights and Responsibilities Act.
Wage and Hour Whistleblower Protections
Minimum Wage Protections (C.R.S. 8-6-115)
Employers cannot discharge, threaten to discharge, or discriminate against an employee for:
- Serving on a wage board or participating in its formation
- Testifying or intending to testify in a proceeding or investigation related to Colorado's minimum wage laws
Penalties for violations:
| Violation | Penalty |
|---|---|
| Paying below minimum wage | Misdemeanor; fine of $100 to $500, up to 1 year in county jail, or both |
| Retaliation against employee | Fine of $200 to $1,000 |
| Additional remedy | Employer must pay unpaid wages, court costs, and attorney fees |
Wage Payment Protections (C.R.S. 8-4-120)
No employer may discharge or discriminate against an employee for:
- Filing a complaint related to wage payment laws
- Instituting a proceeding concerning wage violations
- Testifying or intending to testify in a wage-related proceeding on behalf of themselves or others
Penalties for violations: Employers who violate this statute can face misdemeanor charges with fines up to $500, up to 60 days in county jail, or both. They must also pay the employee's compensation and any other damages the court considers appropriate.
Healthy Families and Workplaces Act (SB 20-205)
The Healthy Families and Workplaces Act (HFWA) prohibits employers from retaliating against employees who use paid sick leave or exercise their rights under the Act.
Current sick leave requirements (applicable to all employers):
- Employees accrue 1 hour of paid sick leave for every 30 hours worked
- Accrual is capped at 48 hours per year unless the employer sets a higher limit
- Accrual begins on the first day of employment
- Employees may use sick leave as it accrues with no waiting period
- Employers may alternatively provide the full 48 hours at the beginning of the year
Employers who retaliate against workers for using HFWA sick leave or asserting their rights under the Act face penalties under the Colorado WARNING Rules framework.
Colorado Medicaid False Claims Act (C.R.S. 25.5-4-305)
Colorado adopted its own version of the federal False Claims Act in 2010, targeting fraud against the state's Medicaid program.
Qui tam provisions:
A whistleblower (called a "relator") can file a civil lawsuit on behalf of themselves and the State of Colorado against anyone who knowingly submits false claims to Colorado's Medicaid programs.
Whistleblower awards:
| Scenario | Award Range |
|---|---|
| State intervenes in the case | 15% to 25% of recovered funds |
| State does not intervene | 25% to 30% of recovered funds |
Anti-retaliation protections:
Whistleblowers who are discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against for filing a qui tam action are entitled to all relief necessary to make them whole.
Statute of limitations: A qui tam complaint must generally be filed within 6 years of the reported violations, though this period may be extended to 10 years in certain cases.
Law Enforcement Whistleblower Protections (HB 25-1031)
Signed into law by Governor Polis on June 3, 2025, HB 25-1031 created a new civil cause of action specifically for peace officers who face retaliation for whistleblowing.
Who is protected:
Peace officers employed by any Colorado law enforcement agency.
What is protected:
Reporting or disclosing conduct that the officer knows or reasonably believes violates any law or policy.
How it works:
A peace officer can bring a civil action against their employer if their whistleblowing report was a contributing factor in the employer's decision to take adverse employment action.
Available damages:
- Compensatory damages for pecuniary losses
- Damages for emotional pain and suffering, inconvenience, mental anguish, and loss of enjoyment of life
- Other nonpecuniary losses
- Reasonable attorney fees and costs
Statute of limitations: The peace officer must file within 2 years of the retaliatory action.
Retaliation Remedies and Penalties by Statute
The following table summarizes the remedies available under each major Colorado whistleblower protection:
| Statute | Key Remedies |
|---|---|
| State Employee Protection Act (C.R.S. 24-50.5) | Relief as determined by State Personnel Board; may include reinstatement and back pay |
| PHEW Act (C.R.S. 8-14.4) | Reinstatement; lost pay or $10,000 (whichever is greater); compensatory damages; punitive damages; attorney fees |
| Minimum Wage (C.R.S. 8-6-115) | Unpaid wages; court costs; attorney fees; criminal fines of $200 to $1,000 for retaliation |
| Wage Payment (C.R.S. 8-4-120) | Compensation owed; additional damages; criminal fines up to $500 and/or 60 days jail |
| Medicaid False Claims (C.R.S. 25.5-4-305) | All relief to make the whistleblower whole; 15% to 30% of recovered funds |
| Law Enforcement (HB 25-1031) | Compensatory and nonpecuniary damages; attorney fees and costs |
| Common-law wrongful discharge | Back pay; front pay; punitive damages; court costs; other relief the court deems appropriate |
General Statute of Limitations for Retaliation Claims
Unless a specific statute provides a different deadline, employees generally have 2 years from the date of retaliation to file a lawsuit. However, some statutes have much shorter deadlines:
- State employees (C.R.S. 24-50.5): 10 days to file with the State Personnel Board
- Qui tam/Medicaid claims: 6 years (up to 10 years in some cases)
- Law enforcement (HB 25-1031): 2 years
- PHEW Act claims: Filed with the Colorado Department of Labor and Employment
How to File a Whistleblower Complaint in Colorado
The filing process depends on your employment type and the nature of your complaint:
State employees:
File a Whistleblower Complaint Form and Consolidated Appeal and Dispute Form with the Colorado State Personnel Board within 10 days of the retaliatory action. You can file by mail, email, or fax.
Private sector employees (wage and safety complaints):
Contact the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics at (303) 318-8441 to file complaints related to wages, health and safety, or the Healthy Families and Workplaces Act.
Medicaid fraud:
File a qui tam lawsuit in Colorado state court. Because these cases involve complex legal procedures, consulting with an attorney experienced in False Claims Act litigation is strongly recommended.
All employees (federal protections):
File a complaint with the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) if your complaint falls under a federal whistleblower statute such as the Sarbanes-Oxley Act or the federal False Claims Act.
Federal Whistleblower Protections That Apply in Colorado
In addition to state protections, several federal laws protect Colorado whistleblowers:
- Federal False Claims Act (31 U.S.C. 3729-3733): Protects employees who report fraud against federal government programs. Whistleblowers can receive 15% to 30% of recovered funds.
- Sarbanes-Oxley Act (SOX): Protects employees of publicly traded companies who report securities fraud, mail fraud, wire fraud, bank fraud, or violations of SEC rules. Complaints must be filed with OSHA within 180 days.
- OSHA Whistleblower Statutes: OSHA administers more than 20 federal whistleblower statutes covering various industries and types of reporting.
- Dodd-Frank Act: Protects employees who report violations of securities laws to the SEC. Whistleblowers may receive 10% to 30% of sanctions exceeding $1 million.
For a complete overview, see the Federal Whistleblower Laws.
Whistleblower Hotlines and Resources in Colorado
| Resource | Contact |
|---|---|
| Colorado Department of Labor and Employment (wages, health/safety, HFWA) | (303) 318-8441 |
| Colorado State Personnel Board (state employee retaliation) | dpa_state.personnelboard@state.co.us |
| State Auditor Fraud Hotline | Report fraud involving state contracts or agencies |
| U.S. Department of Labor, OSHA (federal claims) | 1-800-321-OSHA (1-800-321-6742) |
More Colorado Laws
Sources and References
- Colorado Revised Statutes, Title 24, Article 50.5 - State Employee Protection Act(leg.colorado.gov).gov
- Colorado State Personnel Board - Whistleblower Claims(spb.colorado.gov).gov
- SB 22-097 Whistleblower Protection Health and Safety - Colorado General Assembly(leg.colorado.gov).gov
- HB 20-1415 Whistleblower Protection Public Health Emergencies - Colorado General Assembly(leg.colorado.gov).gov
- HB 25-1031 Law Enforcement Whistleblower Protection - Colorado General Assembly(leg.colorado.gov).gov
- Colorado Department of Labor and Employment - Wage and Hour Laws Including Paid Sick Leave(cdle.colorado.gov).gov
- Colorado Department of Labor and Employment - Labor Rules, Proposed and Adopted (WARNING Rules)(cdle.colorado.gov).gov
- Colorado FAMLI - Paid Sick Leave Law Expansion(famli.colorado.gov).gov