Employees who believe that they have been discriminated against by an employer, an employment agency, or a labor union have the right to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Colorado Civil Rights Division (CCRD). You must first file a charge with one of these agencies before you file a lawsuit against your employer.
EEOC requirements: Federal law protects employees employed by governmental agencies, educational institutions, and private employers. The law requires that employers, who employ 15 or more employees, abide by legislation (Title VII, ADA, ADEA, and EPA) that protects a variety of rights for workers. For age discrimination charges, your employer needs to employ 20 or more individuals.
CCRD requirements: Colorado law protects employees employed by government agencies, educational institutions, and private employers. The law requires that employers abide by legislation that protects a variety of rights for workers against discrimination and sexual harassment.
Employees can file discrimination charges against their employer for discrimination based on race, color, religion, age (40+), gender, and national origin. Charges can also be filed against an employer for sexual harassment, sex-based wage discrimination, and disability discrimination.
Click here for more information on the different types of discrimination
Charges of discrimination can also be filed if an employer retaliates after an employee files a charge of discrimination, or if discrimination occurs against an employee who participates in an investigation or opposes discriminatory practices at his/her place of employment. Charges of discrimination can be filed if an employee or prospective hire is discriminated against due to being married or because they associate with a protected status person. Lastly, it is possible to file a charge of discrimination on the behalf of another person in order to protect the aggrieved personís identity.
EEOC: The EEOC requires that an employee file a charge of discrimination within 180 days in order to protect your rights under the law. Exceptions: there is no time limit to file an Equal Pay Act (EPA) charge, but it is advisable to file within 180 days. If you are also covered by state or local anti-discrimination laws, you have up to 300 days to file a charge. However, only state law extends the 300 days deadline for age discrimination charges. If state and local anti-discrimination laws also cover you by Fair Employment Practices Agencies (FEPAs), you should dual file your charge, even though only one of the agencies will be handling the charge.
CCRD: There is a legal requirement that a claim must be filed within a specific period of time (statute of limitations) from the date of notice of the last discriminatory act. In employment complaints, a claim must be filed within six months; in housing one year; and in public accommodation sixty days. After the statute of limitations has passed the Colorado Civil Rights Division does not have jurisdiction over the claim.
Harding & Associates
Harding and Associates is experienced and capable of analyzing your claim and representing your interests through all stages of the process including the EEOC, the CCRD and the lawsuit in court. This law firm will look at your case with a careful and sensitive assessment and advise you of all developments at each step of the way.
Harding & Associates represents employers and employees. One of the more unusual laws that Colorado has is the Wage Claim Act. This Act sets out the procedures an employee must follow to receive the greater of 10 days wages or 50% of his final paycheck if the employer has not previously paid these due wages promptly upon employment termination. This penalty even applies if the employee quits! This penalty is only available under Colorado Law if the employee properly notifies the employer within 60 days after the employment is terminated. There are also provisions under this act allowing for the prevailing party to get his or her attorney’s fees and costs reimbursed.
We have not only successfully brought the published opinion case of Porter v. Castle Rock Ford Lincoln Mercury (895 P.2d 1146 [Colo.App.1995]) but also successfully argued this case in front of the Colorado Court of Appeals.
We provide advice on all aspects of labor and employment including sexual harassment, discrimination, whistle blower actions, wrongful discharge, employment contracts and Equal Employment Opportunity Commission ("EEOC") hearings.
- Sexual Harassment
- Corporate Representation
- Criminal Law