This week Colorado state representative Steve Lebsock met his third sexual harassment allegation by workers for the legislature. He is among the four Colorado legislators currently facing sexual harassment allegations by legislative staff. As the #metoo movement has given employees the space to bring forward sexual harassment allegations against people in position of power, we are likely to see a continuing flow of allegations against politicians and their circles of power. As these public cases of workplace harassment continue to appear they will continue to create space for employees of private business to come forward with allegations of sex discrimination in the workplace and raise both internal and external complaints. Colorado employees who believe they suffered sexual harassment should contact Colorado employment lawyers right away.
Colorado workplace harassment laws
Sexual harassment, like other forms of workplace harassment, is unlawful under federal and Colorado employment law. Title VII of the Civil Rights Act of 1964 prohibits sex discrimination at work, including harassment. The Colorado Anti-Discrimination Act similarly prohibits sex discrimination in the workplace. (Colorado Revised Statutes C.R.S. 24-34-401 et seq.)
Sexual harassment occurs when an employer creates an environment involving severe or pervasive unwelcome and offensive conduct. People often consider sexual harassment to include sexual contact or advances; however, sexual harassment can occur by making sexual or romantic comments without any touching, requests, or offers.
Colorado employees may suffer two types of sexual harassment: quid pro quo and hostile work environment. Quid pro quo harassment occurs when an employer requires an employee to submit to a sexual or romantic request in exchange for work condition. That might include gaining a promotion or raise or avoiding a demotion or termination. A hostile work environment occurs when the workplace is made toxic by unwelcome and offensive sexual content, such as sexual advances, touching, comments, gestures and other sexual content in the workplace.
Sexual harassment complaints in the workplace
Employees suffering sexual harassment in the workplace may raise internal or external complaints. Which path an employee takes and when the employee complains may be extremely important to a later sexual harassment lawsuit in Colorado.
Most Colorado employers have an internal process for filing discrimination complaints to human resources or an open door policy that makes any supervisor a recipient of a complaint. Employees may feel uncomfortable with these complaints because it requires publicizing an uncomfortable experience to parts of the company that may be more aligned with the perpetrator than the victim. However, due to Supreme Court cases in the late nineties, it is sometimes necessary to raise an internal complaint.
Employees may also file external complaints with federal and Colorado anti-discrimination agencies. These complaints may go to the EEOC Colorado office in Denver or the Colorado Civil Rights Division. (Complaints will cross-file between the agencies in most cases.) The EEOC and CCRD can investigate complaints of sexual harassment in Colorado and help employees resolve workplace harassment.
Workplace harassment lawyers in Colorado
Employees suffering sexual harassment in the workplace should contact Colorado employment lawyers immediately. There are several reasons why employees should contact an employment attorney right away. These include:
Your employment lawyer can advise you how to deal with a bad situation before it gets worse
You may be in a position where a hostile work environment is emerging but has not become so severe or pervasive that it is time to move towards a lawsuit. Your Colorado employment discrimination lawyer can advise you on how to handle the situation to try to deescalate the situation and when it is the right time to take action. Scheduling a consultation with an employment law attorney early in the process gives you an opportunity for professional help at every step of the process.
Internal discrimination complaints may be necessary
Although it is often difficult to expose a coworker or manager’s harassment, a legal claim against the employer may require an internal complaint. Your employment lawyer can review whether the complaint is necessary and if so, make sure you make the request to the right part of the company.
Complaints to the EEOC and CCRD must occur within a specific timeframe
A major problem with harassment and other discrimination lawsuits arises when employees fail to file timely complaints with the EEOC or CCRD. Failure to file a timely complaint bars a later lawsuit on the same disgusting conduct.
EEOC and CCRD complaints must include the right details about the harassment
Colorado employment lawyers also find problems in harassment lawsuits when the EEOC and CCRD complaints lack the necessary details. These complaints form the beginning of the litigation process. Missing information may impair a later lawsuit even if the employee timely files a complaint.
Employment lawyers can build your case through the entire process
Hiring an employment lawyer late in the process means the lawyer must deal with the situation as it is rather than working with you to build a strong position. The employer or its attorneys may have taken steps to weaken your case. Often employees enter into mediation or informal settlement discussions without knowledge of the real value of the harm suffered by the harassment. Your Colorado employment discrimination lawyer can help you understand and pursue what you deserve.