Colorado employees enjoy protections from unlawful forms of discrimination under federal and Colorado anti discrimination laws. These employment discrimination laws prohibit employers from treating employees less favorably than other employees on the basis of one or more protected classes. Employees who suffer unlawful forms of discrimination have remedies under federal law and the Colorado Anti Discrimination Act.
If you believe an employer discriminated against you as an employee or applicant then you should contact a Denver employment lawyer to discuss your case right away. Many employment discrimination claims require you to take specific acts within a short period of time to pursue a lawsuit or other remedy.
Federal employment discrimination laws in Colorado
Federal employment laws prohibit several forms of discrimination against employees and job applicants in Colorado. These laws often overlap with the Colorado Anti-Discrimination Act but provide separate rights and remedies from the state law. Federal employment laws prohibit employment discrimination on the basis of:
- Age (over forty)
- National origin
Other employment laws prohibit Colorado employers from discriminating against employees who exercise certain labor and employment law rights, like joining a union or taking FMLA leave, but these are often not thought of as explicitly anti-discrimination laws.
The patchwork of federal anti-discrimination laws (such as Title VII and the Americans with Disabilities Act) give Colorado employees remedies for discrimination on the basis of the protected classes above from acts such as:
- failure to hire
- failure to promote
- harassment/hostile work environment
- wrongful termination
- pay disparity
Unfortunately these federal employment laws create a confusing mix of rights, remedies and procedures. For example, a Colorado employee who believes he or she suffers pay discrimination on the basis of sex could pursue claims under Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. Under Title VII an employee must file an administrative charge with the EEOC within 180 days and follow an administrative procedure before a lawsuit filing a lawsuit. Under the Equal Pay Act a Colorado employee can directly file suit but must do so within two years. If you believe you have a claim for employment discrimination under federal law then you should talk to Denver employment lawyers right away.
Colorado anti-discrimination laws
Like most states, Colorado has its own anti-discrimination laws that apply within its borders. These anti-discrimination laws apply to employment as well as other areas such as housing and public accommodations. Colorado prohibits employment discrimination under a single statute, rather than a patchwork design of federal discrimination law. Colorado enacted the Colorado Anti-Discrimination Act to create a uniform structure of anti-discrimination protections for employees and applicants.
What is the Colorado Anti-Discrimination Act?
The Colorado Anti-Discrimination Act is the state statute prohibiting employment discrimination on the basis of protected classes. The protected classes under the Colorado statute today include all of the same classes protected by federal law but also include explicit protections for gender identity and sexual orientation.
Like federal law, the Colorado Anti-Discrimination Act establishes an administrative procedure to enforce the law’s protections and provide a forum for employees to pursue remedies. At one time employees could only pursue relief under the Colorado law through the Colorado Civil Rights Division and only limited types of relief. Today the statute allows Colorado employees to pursue claims either through the administrative process or by filing suit in Colorado state courts.
Unlike federal law, the Colorado Anti-Discrimination Act covers all employers in the state. Federal laws only apply to employers, depending upon the statute, with as few as two employees or as much as a minimum of twenty employees. For some types of employment discrimination in small businesses, the Colorado statute is the only available remedy for employees and applicants.
In many ways the federal and state employment discrimination laws overlap in remedies, rights and protections but it is important to be aware of the distinctions when pursuing a claim. Often employees and applicants will simultaneously pursue claims under both federal and state law which adds an additional layer of complexity to ensure compliance with both federal and state procedures. Hiring an employment lawyer in Denver can make it easier to ensure your claims are not defeated by failing to comply with statutory requirements.
When was the Colorado Anti-Discrimination Act passed?
The original anti-discrimination statute in Colorado was named the Colorado Fair Employment Practices Law enacted in 1957. This law prohibited discrimination only on the basis of race, ethnicity, national origin and religion. It created a rudimentary administrative agency and procedure to enforce its anti-discrimination protections in Colorado. A series of amendments added age (over forty), disability, gender identity and sexual orientation.
Colorado was a prominent battleground for LGBT discrimination protections in the 1990s. For as far back as the 1970s several cities had battled over creating municipal protections against various LGBT-related forms of discrimination. In 1992 a state ballot initiative succeeded to prohibit cities from enacting their own anti-discrimination ordinances barring LGBT-related employment discrimination.
This led to Romer v. Evans which went to the Supreme Court who ruled the amendment violated the federal Equal Protections Clause and struck it down. In 2007 the governor signed the Employment Non-Discrimination Act which amended the Colorado Anti-Discrimination Act to prohibit gender identity and sexual orientation in employment.
The Colorado Anti-Discrimination Act continues to evolve to improve protections for employees. As recently as 2015 the statute changed to allow employees to file suit in state court and to recover compensatory and punitive damages. Today the Colorado Anti-Discrimination Act continues to provide employees in the state with strong employment discrimination protections.
Hiring Denver employment lawyers for Colorado Anti-Discrimination Act claims
When pursuing an employment discrimination claim in Colorado there are many immediate issues to consider. The employee or applicant must determine if federal law also applies to the situation or just the Colorado statute. If federal law may apply then one must assess which laws apply and what procedures are required to pursue claims under them.
Those procedures, plus Colorado procedures must be satisfied–often with technical, precise compliance. The Colorado person pursuing claims must also consider the precise explanation of the discriminatory practices to ensure the description matches prohibited acts under the applicable statutes. There are then later decisions about valuing the claims, when and where to file suit and how to proceed in court or an administrative hearing.
Employees and applicants in Colorado typically are not experienced or familiar with these issues. Failing to follow the right procedures can result in completely losing the right to pursue a valid discrimination claim. One of the best things you can do for yourself is to hire Denver employment lawyers as soon as you believe you may have a claim to give your lawyers an opportunity to investigate your claims and follow the process that presents the strongest case. Many offer free consultations and will offer an evaluation of your case to help you decide your next steps.