Colorado SB 25B-008 (Tech-Neutral Anti-Discrimination Clarification Act 2025)

Summary

Repeals and reenacts Colorado's anti-discrimination statutes to prohibit discrimination facilitated by digital technologies, including AI.

Clarifies that advances in AI and other technologies do not provide a legal excuse for discriminatory practices.

Affirms that digital mechanisms used for illegal discrimination do not grant legal immunity.

Ensures civil rights laws apply consistently across all technologies without privileging any method.

Prohibits discrimination in Colorado through digital, automated, or AI processes.

Specifies illustrative terms for digital processes, covering current and future technologies.

Limits liability for technology creators, publishers, or distributors to intentional or knowing facilitation of discrimination.

Maintains existing burdens of proof, defenses, and remedies for discrimination claims.

Sets the act's effective date as January 1, 2026, contingent on potential referendum outcomes.

Applies the act to conduct occurring on or after its effective date.

Prohibits discrimination via AI or digital technologies based on protected characteristics in various contexts in Colorado.

SENATE BILL 25B-008 First Extraordinary Session, Seventy-fifth General Assembly State of Colorado

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, repeal and reenact, with amendments, part 17 of article 1 of title 6 as follows:

PART 17 DIGITAL-ASSISTED DISCRIMINATION PROHIBITED

6-1-1701. Short title. THE SHORT TITLE OF THIS PART 17 IS THE "TECHNOLOGY-NEUTRAL ANTI-DISCRIMINATION CLARIFICATION ACT OF 2026".

6-1-1702. Legislative declaration. (1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:

(a) DISCRIMINATION BASED ON PROTECTED CHARACTERISTICS IS UNLAWFUL IN COLORADO WHETHER IT OCCURS IN HOUSING, EMPLOYMENT, PUBLIC ACCOMMODATIONS, EDUCATION, CREDIT, OR ANY OTHER CONTEXT COVERED BY STATE CIVIL RIGHTS STATUTES;

(b) ADVANCES IN SOFTWARE, AUTOMATION, ALGORITHMIC DECISION-MAKING, ARTIFICIAL INTELLIGENCE, AND OTHER DIGITAL TECHNOLOGIES DO NOT CREATE A LAWFUL AVENUE TO ENGAGE IN CONDUCT THAT EXISTING LAW ALREADY PROHIBITS; AND

Affirms that illegal discrimination remains unlawful even if executed through digital or AI technologies.

(c) CLARIFYING THAT DISCRIMINATORY CONDUCT REMAINS UNLAWFUL REGARDLESS OF THE TOOLS USED WILL:

(I) AFFIRM THAT IMPLEMENTING ILLEGAL DISCRIMINATION THROUGH A DIGITAL MECHANISM CONFERS NO LEGAL IMMUNITY;

(II) ENSURE COLORADO'S CIVIL RIGHTS STATUTES APPLY CONSISTENTLY ACROSS PRESENT AND FUTURE TECHNOLOGIES, WITHOUT PRIVILEGING OR DISADVANTAGING ANY PARTICULAR METHOD OF IMPLEMENTATION; AND

(III) AVOID IMPOSING VICARIOUS LIABILITY ON TECHNOLOGY DEVELOPERS THAT NEITHER INTEND NOR KNOWINGLY FACILITATE DISCRIMINATORY CONDUCT.

6-1-1703. Digital-assisted discrimination prohibited. ALL PROHIBITIONS ON DISCRIMINATION CONTAINED IN A STATUTE OF THIS STATE APPLY WITH FULL FORCE AND EFFECT REGARDLESS OF WHETHER THE CHALLENGED CONDUCT IS EXECUTED, FACILITATED, OR SCALED, IN WHOLE OR IN PART, BY MEANS OF A DIGITAL, AUTOMATED, ALGORITHMIC, ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, OR OTHER TECHNOLOGICAL PROCESS.

Defines liability for technology creators only for intentional or knowing involvement in discriminatory conduct.

6-1-1704. Rules of construction.

(1) AS USED IN THIS PART 17, "DIGITAL", "AUTOMATED", "ALGORITHMIC", "ARTIFICIAL INTELLIGENCE", "MACHINE LEARNING", AND "OTHER TECHNOLOGICAL PROCESS" ARE ILLUSTRATIVE AND NONEXHAUSTIVE TERMS AND ENCOMPASS PRESENT AND FUTURE MEANS OF COMPUTATION, COMMUNICATION, AND DECISION-MAKING.

(2) NOTHING IN THIS PART 17 ALTERS THE LIST OF PROTECTED CHARACTERISTICS ENUMERATED ELSEWHERE IN STATUTE.

(3) A CREATOR, PUBLISHER, OR DISTRIBUTOR OF TECHNOLOGY IS LIABLE UNDER THIS PART 17 ONLY IF THAT PARTY INTENTIONALLY ENGAGES IN, DIRECTS, OR KNOWINGLY AIDS THE UNDERLYING DISCRIMINATORY CONDUCT.

(4) THIS PART 17 DOES NOT ALTER EXISTING BURDENS OF PROOF, DEFENSES, AND REMEDIES APPLICABLE TO DISCRIMINATION CLAIMS.

States the act takes effect January 1, 2026, unless a referendum delays it until post-election.

SECTION 2. Act subject to petition - effective date - applicability.

(1) This act takes effect January 1, 2026; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2) This act applies to conduct occurring on or after the applicable effective date of this act.