DENVER EMPLOYMENT ATTORNEY / DISCRIMINATION & HARASSMENT
Title VII, the ADA, the ADEA, and the PDA protect employees from unlawful discrimination and harassment based on:
Race, color or national origin
Gender or pregnancy
Employers with 15 or more employees (20 or more for age discrimination), employment agencies, unions, local, state and federal agencies must obey these laws. Some race claims can also be filed under 42 U.S.C. § 1981.
Title VII makes it is illegal for employers to retaliate against employees who:
Engage in protected activity by opposing discrimination in the workplace
Engage in protected activity by participating in the discrimination process
Some retaliatory claims can also be filed under 42 U.S.C. § 1981.
FAMILY AND MEDICAL LEAVE ACT (FMLA)
An eligible employee may take up to 12 weeks of leave per year without the fear of losing his or her job for several reasons, including: (i) To care for a newly born baby or adopted child; (ii) To obtain treatment for a serious illness or injury, or to recover from a serious illness or injury; (iii) To provide care to a close family member who has a serious ailment or health condition.
There are other laws that protect:
People who assert their rights for overtime pay
People who file a claim for worker’s compensation
People who participate in other lawful activities not related to work, such as political activity
If you believe you have been discriminated against, retaliated against, or had other civil rights violated, you should consult with a qualified employment attorney so that you can not only inform yourself of your rights, but also of your obligations under the law. Many times employees compromise their claims because they are not aware of their obligations under the law.
EXHAUSTATION OF ADMINISTRATIVE REMEDIES
In most circumstances, any person who intends to file a lawsuit based on discrimination must first exhaust their administrative remedies by filing a charge of discrimination with Equal Employment Opportunity Commission (EEOC) the Colorado Civil Rights Division (CCRD).A person should not delay in filing the charge, since if the discrimination occurred in Colorado, the charge must be filed within 300 days from the date of when the discrimination occurred.In some states the time for filing a charge is only 180 days. Federal employees are required to contact the proper EEO Counselor within 45 days.
CHARGE OF DISCRIMINATION
Information about filing a charge of discrimination can be found at http://eeoc.gov. A person would be well advised to first consult with a qualified employment attorney if time allows, before filing a charge, or contacting an EEO Counselor. If you need legal counsel, contact Denver Employment Attorney Gregory A. Hall at www.adenverlawyer.com
Gregory A. Hall
Denver Employment Attorney
3570 E. 12th Avenue, Suite 200
Denver, CO 80206