Colorado Whistleblower Laws: Protections and How to Report

Colorado protects public and private sector employees from retaliation for reporting illegal activity, fraud, or workplace safety violations under statutes including C.R.S. 24-50.5-103. State employees in the state personnel system must file with the State Personnel Board within 10 days of learning of a disciplinary action, other state employees sue in district court instead, and the PHEW Act covers all workers raising health and safety concerns.

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

The State Personnel Board route is narrower than it is often described. Under C.R.S. 24-50.5-104(1), only an employee in the state personnel system may file a complaint with the Board, and only if the employee can show that reasonable communication about the alleged violation already went to a supervisor, appointing authority, or member of the General Assembly.

Employees in the state personnel system follow these steps:

1. File within 10 days. The written complaint must reach the State Personnel Board within 10 days after the employee knew or should have known of the disciplinary action. The clock runs from knowledge of the disciplinary action, not from some later point.
2. Complete required forms. The employee must submit both a Whistleblower Complaint Form and a Consolidated Appeal and Dispute Form.
3. 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.
4. Wait for the department response. The department has 45 days to respond to the complaint after it is filed with the Board.

State Employees Not in the State Personnel System (C.R.S. 24-50.5-105)

The 10-day Board deadline does not apply to every state employee. C.R.S. 24-50.5-105 gives any employee not in the state personnel system a civil action in district court alleging a violation of C.R.S. 24-50.5-103. There is no 10-day Board window for those employees.

The same district court route is open to a state personnel system employee who filed a Board complaint under C.R.S. 24-50.5-104(1) and the Board then determined, after review or hearing, that no violation occurred.

If the employee prevails, the statute allows recovery of damages together with court costs, and the court may order such other relief as it deems appropriate.

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.

Deadlines and mandatory exhaustion:

The PHEW Act runs on a two-step clock, and both steps matter:

• A complaint must be filed with the Division of Labor Standards and Statistics within two years after the alleged violation (C.R.S. 8-14.4-105(1)(a))
• A person must exhaust administrative remedies through the Division before bringing an action in court (C.R.S. 8-14.4-104(2)). A worker whom the Division authorizes to proceed in district court is considered to have exhausted those remedies
• The district court action must then be commenced within ninety days after exhausting administrative remedies (C.R.S. 8-14.4-106(1))

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:

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: A violation is a class 2 misdemeanor, punishable by up to 120 days in county jail and/or a fine of up to $750 (C.R.S. 18-1.3-501). Civil remedies under C.R.S. 8-4-120(3) are more specific and include back pay, reinstatement or front pay, unpaid wages plus 12% annual interest, a $50-per-day statutory penalty per affected employee, liquidated damages equal to the greater of twice the unpaid wages or $2,000, injunctive relief, and attorney fees and costs.

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:

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: Two separate clocks apply, and the retaliation clock is the shorter one.

• A qui tam false claims action under C.R.S. 25.5-4-306(1) or (2) may be brought within 6 years of the violation, or within 3 years of when the state official responsible for acting knew or should have known the material facts, but in no event more than 10 years after the violation (C.R.S. 25.5-4-307(1))
• A private retaliation action under C.R.S. 25.5-4-306(7), which is the claim a whistleblower brings for being fired, demoted, or otherwise discriminated against, may not be brought more than 3 years after the date the retaliation occurred (C.R.S. 25.5-4-307(5))

Law Enforcement Whistleblower Protections (C.R.S. 24-31-906)

Peace officer whistleblower protection is codified at C.R.S. 24-31-906. The section was added in 2021 by HB 21-1250, effective July 6, 2021, so neither the protection nor its private right of action is new as of 2025. HB 25-1031, which Governor Polis signed on June 3, 2025 and which took effect the same day, amended subsections (1) and (3) and added subsections (4) through (11), setting out the available relief, an employer affirmative defense, the filing deadline, and a mandatory internal-exhaustion step.

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 the protected disclosure was a contributing factor in the employer's decision to take adverse employment action. Under C.R.S. 24-31-906(3), that private right of action opens only after the officer exhausts the employer's internal administrative procedures.

Internal reporting and exhaustion come first:

Under C.R.S. 24-31-906(9)(a), an officer making a protected report must follow the employer's internal reporting and internal administrative procedures, to the extent those procedures exist and were provided to the officer in writing, and must exhaust them before initiating the private right of action. If the internal procedure would require reporting to the person who committed the act, the procedure must provide an alternative. The practical rules:

• The two-year limitations period is tolled until the internal administrative process is complete
• A law enforcement agency must complete its internal administrative procedure within 180 days after a report or disclosure
• If the agency does not adopt an internal administrative procedure, or does not complete it within 180 days, subsection (9) is deemed complied with and the officer may file suit in any court of competent jurisdiction
• C.R.S. 24-31-906(8)(a) withholds the section's protection from an officer who discloses without fully complying with subsection (9), so filing early can forfeit the claim

Available damages:

• Reinstatement with the same seniority status the officer would have had but for the violation
• Back pay with interest
• 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 action must be brought within two years after the date of the most recent adverse employment action (C.R.S. 24-31-906(7)), and that period is tolled while the employer's internal administrative process is pending.

Retaliation Remedies and Penalties by Statute

The following table summarizes the remedies available under each major Colorado whistleblower protection:

General Statute of Limitations for Retaliation Claims

Colorado has no single whistleblower deadline. Each statute sets its own, and several are far shorter than the general two-year limitation period for civil actions. Identify the statute that covers your claim and work from its deadline:

• State personnel system employees (C.R.S. 24-50.5-104(1)): 10 days to file with the State Personnel Board, running from when the employee knew or should have known of the disciplinary action
• State employees not in the personnel system (C.R.S. 24-50.5-105): a civil action in district court, with no 10-day Board window
• PHEW Act (C.R.S. 8-14.4): the complaint must go to the Division of Labor Standards and Statistics within 2 years of the violation (C.R.S. 8-14.4-105(1)(a)); administrative remedies must be exhausted before suing (C.R.S. 8-14.4-104(2)); and the district court action must be commenced within 90 days after exhausting them (C.R.S. 8-14.4-106(1))
• Medicaid false claims qui tam (C.R.S. 25.5-4-307(1)): 6 years from the violation, or 3 years from when the responsible state official knew or should have known the material facts, capped at 10 years
• Medicaid whistleblower retaliation (C.R.S. 25.5-4-307(5)): 3 years from the date the retaliation occurred
• Peace officers (C.R.S. 24-31-906(7)): 2 years from the most recent adverse employment action, tolled while the agency's internal administrative process is pending

The PHEW 90-day window is the one most easily missed, because it opens only once the administrative stage closes.

How to File a Whistleblower Complaint in Colorado

The filing process depends on your employment type and the nature of your complaint:

State employees:

If you are in the state personnel system, file a Whistleblower Complaint Form and Consolidated Appeal and Dispute Form with the Colorado State Personnel Board within 10 days after you knew or should have known of the disciplinary action. You can file by mail, email, or fax. If you are a state employee who is not in the state personnel system, C.R.S. 24-50.5-105 sends you to district court instead, and no 10-day Board deadline applies to you.

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. For a PHEW Act claim, the Division complaint must be filed within 2 years of the violation, and you must exhaust that administrative process before going to district court, where you then have 90 days.

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

More Colorado Laws

• Colorado At-Will Employment Laws
• Colorado Employee Monitoring Laws
• Colorado Final Paycheck Laws
• Colorado Workers Compensation Laws

Frequently Asked Questions

What qualifies as whistleblowing in Colorado?

Whistleblowing in Colorado includes reporting violations of state or federal law, disclosing fraud or waste involving public funds, raising workplace health and safety concerns, reporting Medicaid fraud, and disclosing illegal policies by employers. The disclosure must be made in good faith, meaning you must reasonably believe the information is true at the time you report it.

Can my employer fire me for reporting illegal activity in Colorado?

No. Colorado law prohibits employers from retaliating against employees who report illegal activity. State employees are protected under C.R.S. 24-50.5-103, private employees of state contractors are protected under C.R.S. 24-114-102, and all workers are protected from health and safety retaliation under the PHEW Act. The common-law public policy exception also protects private employees from wrongful termination for reporting unlawful conduct.

How long do I have to file a whistleblower retaliation claim in Colorado?

The deadline depends on which law applies. A state employee in the state personnel system must file with the State Personnel Board within 10 days after knowing or having reason to know of the disciplinary action (C.R.S. 24-50.5-104(1)), while a state employee outside the personnel system instead brings a district court action under C.R.S. 24-50.5-105 with no 10-day window. Under the PHEW Act, a complaint goes to the Division of Labor Standards and Statistics within 2 years, administrative remedies must be exhausted first, and the district court action must be filed within 90 days after exhaustion (C.R.S. 8-14.4-105(1)(a), 8-14.4-104(2) and 8-14.4-106(1)). A peace officer has 2 years under C.R.S. 24-31-906(7), tolled while the agency internal process runs. A Medicaid whistleblower retaliation claim must be brought within 3 years (C.R.S. 25.5-4-307(5)); the separate qui tam false claims action has 6 years, capped at 10 (C.R.S. 25.5-4-307(1)). Acting quickly is important because missing a deadline can permanently bar your claim.

What damages can I recover in a Colorado whistleblower retaliation case?

Depending on the applicable statute, you may be able to recover reinstatement to your job, back pay, front pay, compensatory damages for emotional distress, punitive damages, attorney fees, and court costs. Under the PHEW Act, you can recover lost pay or $10,000, whichever is greater. Under the Medicaid False Claims Act, whistleblowers may also receive 15% to 30% of any funds the state recovers.

Do I need to report internally before going to an outside agency?

For state employee protections under C.R.S. 24-50.5-103, yes. Employees must first disclose the information in good faith to their appointing authority, supervisor, or a member of the General Assembly before reporting to an outside authority. The same internal reporting requirement applies to private employees under C.R.S. 24-114-102. Peace officers must also follow and exhaust their agency's internal reporting and administrative procedures under C.R.S. 24-31-906(9) before filing suit. However, the PHEW Act allows workers to raise concerns directly with government agencies or the public without internal reporting first, although a PHEW claim must still go through the Division of Labor Standards and Statistics before a court.