C.R.S. § 13-22-203.5: Sexual harassment or sexual misconduct dispute - determination of applicability - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Predispute arbitration agreement" means any agreement to arbitrate a dispute that has not arisen at the time of making the agreement.

(b) "Predispute joint-action waiver" means an agreement, whether or not part of a predispute arbitration agreement, that prohibits or waives the rights of a party to the agreement from participating in a joint action, class action, or collective action in a judicial, arbitral, administrative, or other forum concerning a dispute that has not arisen at the time of making the agreement.

(c) "Sexual harassment dispute" means a dispute relating to conduct that is alleged to constitute sexual harassment pursuant to the "Colorado Anti-discrimination Act", parts 3 to 8 of article 34 of title 24, or any other applicable federal, state, or tribal law.

(d) "Sexual misconduct dispute" means a dispute involving sexual misconduct, as defined in section 13-80-103.7 (2).

(2) Notwithstanding any provision of law to the contrary, a predispute arbitration agreement or predispute joint-action waiver is not valid or enforceable upon request of an individual who alleges conduct that results in a sexual harassment dispute or a sexual misconduct dispute, or upon request of a named representative of a joint action, class action, or collective action that results in a sexual harassment dispute or a sexual misconduct dispute.

(3) This section applies to an agreement to arbitrate. The court, rather than an arbitrator, shall determine the validity and enforceability of a predispute arbitration agreement and predispute joint-action waiver regardless of whether the party resisting arbitration challenges the predispute arbitration agreement or predispute joint-action waiver, specifically or in conjunction with other terms of the contract that contain a predispute arbitration agreement or predispute joint-action waiver, and regardless of whether the predispute arbitration agreement or predispute joint-action waiver delegates validity and enforceability determinations to an arbitrator.