Colorado (CO) Job Discrimination Law in the Workplace

September 9th, 2006 Posted by Rachel

Being an employee in the state of Colorado means that you have a right to be free from physical, racial, sexual or religious harassment or abuse at your work. Any type of harassment could be considered a violation of state and or federal discrimination laws. Such laws are put into place to protect individuals from unfair or unequal treatment in the course of employment. These laws apply to not only employers but also employment agencies and labor organizations as well.

Colorado (CO) job discrimination law in the workplace deems that it is unlawful for an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation against any person otherwise qualified because of disability, race, creed, color, sex, age, national origin, or ancestry, For an employment agency to refuse to list and properly classify for employment or to refer an individual for employment in a known available job for which such individual is otherwise qualified for any of the reasons stated or for a labor organization to exclude any individual otherwise qualified from full membership rights in such labor organization, or to expel any such individual from membership on the basis of disability, race, creed, color, sex, age, national origin, or ancestry.

Employers, employment agencies or labor organizations may not discriminate against or exclude individuals with a disability under Colorado (CO) job discrimination in the workplace. If there is genuinely no reasonable accommodation that the employer can make with regard to the disability, the disability actually disqualifies the applicant from the job, and the disability has a significant impact on the job than such exclusion would not be a violation of the law.

Employment practices covered under Colorado (CO) job discrimination law include, but are not limited to the listing or advertising of jobs, hiring, promoting or demoting, compensation and termination.

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Posted in Colorado, Discrimination, Employment Laws, Hostile Environment

  1. Posted by: Dan

    My ex employer let me go. They would not tell me an exact reason why besides I don’t think your meant for this job. I tried to talk to the owner and person who does the hiring… He would not reply to my text, calls, or emails why. I did not receive my check within 24 hours of him letting me go. He said he’d call me back, and never did. I also went into overtime, along with many other employees there.. and he did not pay overtime. What can I do? I feel this is unfair.

  2. Posted by: Amelia

    Hi Dan! Colorado, like many states, operates on the employment at will doctrine. This means that an employer can fire anyone at any time for any reason or for no reason. “I don’t think you’re meant for this job” is a perfectly valid reason to terminate an employee. It probably means that you were not meeting the employers performance expectations in some way. Phoning, texting, and emailing the employer will do nothing to improve your situation.
    In Colorado, if the payroll office is offsite, the employer has 24 hours from the start of the next business day to pay a terminated worker. If this deadline is past, you should take the employer to small claims court. You don’t need a lawyer in small claims court, and the judge may force the employer to pay you 125% of your wages, or an additional 10 days pay.
    The employer is probably in violation of both state and federal law by not paying overtime. You should report them to the Colorado Workforce Commission at coworkforce.com and the Wage and Hour Division of the U.S. Department of Labor at http://www.dol.com. HTH, and thanks for reading the blogs!~ Amelia

  3. Posted by: Dan

    Yea I read our state laws, and know about the doctrine. I’ve been reading for days, over reading, and looking into it. What if I felt it was discrimination?

  4. Posted by: Amelia

    Hi Dan! Under federal law, it’s illegal to discriminate against employees based on race, color, religion, national ancestry, sex, age (between 40 and 70), or disability. You would report this to the EEOC at http://www.eeoc.gov.

    Under Colorado law, it is also illegal to discriminate against an employee based on family status or marital status. Report those to the Colorado agency at http://www.dora.state.co.us.
    If you file an employment discrimination complaint with either agency, they will investigate it free of charge. If they find the complaint has merit, they will sue the employer for you, or you can retain a lawyer and sue them yourself. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: Dan

    Ok. Thank you.

  6. Posted by: Toby

    I’m pretty sure my employer is setting me up by writing me up because of my unwillingness to participate in the employee parties where drinking is present. In the last 19 months i have changed alot and refuse to attend when drinking is present. In the last 7 months I have heard the term “wetback” dropped as well as hearing that Mormons really aren’t Christian. I have also be written up for not taking customer calls while on my lunch period. When I brought all this up to my boss in a letter he took my company credit card and took my office key. I didn’t want to make a big deal about it but now i’m getting really fed up. They think that because they are a big employer in my little town they can push people around. The company brags about not allowing anyone to get unemployment after they have been fired unless they hire an attorney. What can or should I do?
    Toby

  7. Posted by: Amelia

    Hi Toby! It appears that you have stopped attending company functions where alcohol is served because it conflicts with your religious beliefs as a Mormon. That is perfectly acceptable –even if it is a change from how you acted in the past. Employers are required to make reasonable accommodations to an employe’s sincerely held religious beliefs — and your current beliefs preclude you from attending these functions. Being excused from them is probably a reasonable accommodation. If you have not contacted the HR department about this, or phrased it in terms of an accommodation for your religion, do so ASAP.
    Also contact the EEOC at http://www.eeoc.gov and file complaints for discrimination based on national origin and especially religion. The employer cannot make employment decisions based on your religion or national ancestry — that is illegal discrimination. It is also illegal to discriminate against an employee who files a discrimination complaint in good faith — even if it turns out there was no discrimination.
    (If you avoid people who are drinking because you are an alcoholic in rehab, then you also have a case for disability discrimination. Alcoholism is a disability under the ADA, Americans with Disabilities Act. File a complaint with the EEOC for this, as well — but only if it is genuine.)
    The employer may terminate you, but if the employer does so as an act of illegal discrimination or retaliation, then you are entitled to unemployment. If you are initially denied, you should appeal. Yes, some employees get an attorney on appeal — but not all do, and it may well be unnecessary.
    While everything is fresh in your mind, sit down and write every incident that has occurred, including dates, times and any witnesses. It would also be very helpful if you have a copy of the write-up where you refused to attend due to your religion.
    If the company has an HR department, you may also approach them about the fact that you see this as illegal discrimination based on religion. However, contact the EEOC anyway. The EEOC has a way of getting an employer’s attention. HTH, and thanks for reading the blogs!~ Amelia

  8. Posted by: Robert

    I have been going through the CCRD’s complaint process since June 2008. During this time, my former employer has sent me a letter (December 2008) stating they would sue me for slander, get a restraining order, and file false criminal charges against me once the CCRD completes the complaint process. My former employer has also made hundreds of hang-up calls and three times sent me forwarded me old e-mails I sent them while working for them. I have notified the CCRD over and over about this harassment and the CCRD ignores me and never replies. Why does the CCRD allow respondents to harass complainants and do nothing about the problem? I am tired of writing letters to the CCRD and forwarding this information when they never acknowledge the harassment and completely ignore me. Is there anything I can do about this? The police state they can do nothing because I am going through a state administrative process. Really fair when you can be continually harassed when filing a complaint with the CCRD!

  9. Posted by: Amelia

    Hi Robert! You have our sympathy on this issue. It is unfortunate that the police will not take action against this employer for using the telephone to harass you. OUr suggestion is that you try one more time. In most jurisdictions, the police can file charges against any individual who harasses someone in this way.
    Theoretically, the employer cannot take action against you for filing a discrimination complaint — but obviously they are. Our suggestion is that you keep a written record of everything, including dates and times, and all the details.
    It has been our experience that state agencies respond better to people who are very calm and rational, rather than angry. This situation is enough to upset anyone, but if you handle it calmly, you are more likely to get results. (You may also try speaking with someone at CCRD rather than leaving a message.)
    Another option would be to file a complaint with the EEOC, if that applies. HTH, and thanks for reading the blogs!~ Amelia

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