Mar 29, 2023 | Discrimination, Employee Rights
For year, people have noticed that women and minorities are often paid less for the same work as their Caucasian, male counterparts. But Colorado has tried to change that and make the pay landscape more fair for everyone. The Equal Pay for Equal Work Act (EPEWA) was signed into law in 2019 with the intent of eliminating the gender pay gap and requiring employers to provide equal pay for substantially similar work, regardless of an employee’s gender or other protected status. The act also prohibits employers from asking prospective employees about their previous salary history, as this can perpetuate wage gaps and discrimination. Studies have shown that it’s harder for women and minorities to request higher salaries when interviewing for jobs. To help fix this, employers must disclose a salary range for the position being offered instead of setting the salary off someone’s past pay.
And to help ensure equal pay for all, Colorado took it a step further and as of January 1, 2021, employers are not allowed to discriminate against employees because of gender identity.
Other equal pay protections in the law
The law includes new job posting requirements to help all employees receive notices about new opportunities.
- Employers are required to make reasonable efforts to “announce, post, or make known all opportunities for promotion” to all current employees on the same calendar day.
- Each job posting has to disclose the hourly wage or salary (or range) , along with a general description of all benefits and other compensation offered.
The Equal Pay Act also requires employers to keep records of all job descriptions and wage histories for the duration of each employee’s employment, and for at least two years after that. This includes hourly rate or salary range, plus all benefits and other compensation offered to the employee. Failure by the employer to maintain these records creates a rebuttable presumption that the records not maintained contained information favorable to the employee’s claim in a lawsuit.
Finally, the EPEWA provides a right of action that allows employees to sue for up to three years of back pay for unlawful pay disparities. Employees may also receive additional damages if an employer is shown not to have acted in “good faith” when determining compensation. Finally, employees can sue for attorney fees, reinstatement, promotions, pay increases, and other legal relief.
What can I do if I don’t think I’m receiving equal pay?
If you believe you are being paid less than other employees who do similar work, or less than you should based on your duties and qualifications, you can file a complaint with the Colorado Department of Labor and Employment (CDLE). They will investigate the complaint and take appropriate actions if necessary.
Visit the CDLE website and fill out the Equal Pay Complaint form. You will need to provide information about your employer, your job duties, and any evidence you have to support your claim. If you know the salaries of other employees who do the same work as you, provide that as well. The National Labor Relations Act makes it illegal for employers to stop or punish employees for discussing their salaries.
Exceptions to the Equal Pay Act
While employees are protected against discrimination based on gender, race or other protected classes for work requiring similar skill, effort and responsibility, the law does permit pay differences arising from:
- A seniority system
- A merit system
- A system that measures earnings by quantity or quality of production
- The geographic location where the work is performed
- Education, training, or experience reasonably related to the work
- Travel that is a regular and necessary condition of the job
However, the law also states that employers must prove that they “reasonably” relied on any of these exceptions they use when determining salary. If an employer is going to pay a male employee more because he has more education, they have to prove that the additional education makes a difference in job performance.
What else can I do?
It’s important for employees to know their rights to inform their employer if they believe they are being discriminated against. Employers who violate the law may face fines and other penalties, so it’s in their best interest to ensure that they are following the mandates of the Equal Pay for Equal Work Act. However, that doesn’t mean that all of them will do that.
If you feel you have been the victim of pay discrimination, you need to act quickly because there is are time limitations (300 days to two years after your last unfair paycheck) for when you can file a claim. Beyond that, compile all your employment records, including reviews and pay history. If you don’t have these records, you have the right to request them from your employer (see our post: You have a right to your personnel files). After that, you need to find an attorney who is experienced in fighting workplace discrimination. Call the Civil Rights Litigation Group at 720-515-6165, or use our online contact form, to schedule your free consultation with us today. We’ll aggressively fight for you in court and make sure your rights are protected and you are treated fairly.
Jan 18, 2023 | Discrimination, Employee Rights
In 2022, Colorado passed HB 22-1367 that made several updates to the Colorado Anti-Discrimination Act (CADA). Gov. Jared Polis signed the bill into law on June 8, 2022, with the changes to Colorado employment anti-discrimination laws taking effect on August 10, 2022. CADA makes it illegal for employers to discriminate against an employee on the basis of disability, race, creed, color, sex, sexual orientation, religion, age, national origin or ancestry. It also guarantees equal access to public accommodations and housing.
Changes to anti-discrimination laws
In 2022, the Colorado legislature updated CADA to include the following changes:
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Expands the definition of employee to include individuals in domestic service
HB 22-1367 expands the definition of employee to include domestic service workers, for the purposes of CADA. However, it also includes a provision that allows employers to consider the gender of an applicant when hiring childcare services.
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Extends the time limit to file a charge with the Colorado Civil Rights Division (CCRD)
Instead of 180 days, you now have 300 days from the time of the alleged discrimination issue to files a charge. This changes brings Colorado’s discrimination laws more in line with federal laws that allow people 300 days to file a complaint with the Equal Opportunity Commission.
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More consistent remedies for age discrimination cases
The new amendment repeals the prohibition in age discrimination cases against the relief and recovery of certain damages so that the remedies available in employment discrimination claims are consistent, regardless of the type of discrimination alleged. It also extends the time for the Colorado Civil Rights Division (CCRD) to investigate to 450 instead of 270 days.
What is the process for filing anti-discrimination complaints?
With all of these new laws, it is important to remember that there is a statute of limitations (time limit) from the date of the last alleged discriminatory and/or retaliatory act for when you must file a complaint:
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Employment filing deadline: 300 days from the act of alleged discrimination (possibly up to 300 days for federal matters)
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Housing filing deadline: one (1) year from the act of alleged discrimination
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Public Accommodations filing deadline: sixty (60) days from the act of alleged discrimination
Therefore, if you feel that you have been discriminated against, it is important to act fast. If you choose to file a complaint yourself, you can read the steps for the Complaint Process online with the Colorado Civil Rights Division, under the Colorado Department of Regulatory Agencies, or DORA. There are different filings that need to happen before these deadlines, so it is important to start as early as possible. And whether you file yourself or get legal representation, know that the Division has 270 days to complete their administrative process (with 90-day extension requests available to both parties) so it can take a while to resolve.
Who can help me with anti-discrimination lawsuits?
The other option is to consult an attorney who is experienced with not only the deadlines and filing procedures, but also all of the state and federal anti-discrimination laws that may apply to your case. If you believe you are the victim of discrimination, it’s important to act quickly and to gather as much evidence as you can, and then contact a local civil rights attorney who can advise you on your case. The Civil Rights Litigation Group has successfully handled many anti-discrimination cases over the past 10 years and we are 100% dedicated to civil rights issues. We offer free consultations so you can find out if you have a legitimate case. Please call us at 720-515-6165.
Call 720-515-6165 for a free consultation.
Jan 26, 2022 | Constitutional Rights, Discrimination, Employee Rights
Regardless of whether you are a member of a protected class or not, it’s important to understand the anti-discrimination laws and how they have changed over the years. In Colorado, the main one is the Colorado Anti-Discrimination Act (CADA). It originally passed in 2013 and additions to it went into effect on January 1, 2015. The main difference between CADA and the federal anti-discrimination laws is that CADA applies to all Colorado employers no matter how few employees they have. Most of the federal laws only apply to employers with at least 15 employees.
What does the Colorado Anti-Discrimination Act cover?
The Colorado Anti-Discrimination Act makes it illegal for employers to discriminate against an employee on the basis of disability, race, creed, color, sex, sexual orientation, religion, age, national origin or ancestry. It also guarantees equal access to public accommodations and housing. Public accommodations include most businesses that offer products or services to the public, such as restaurants, retail stores, health clubs, and even hospitals and clinics. In Colorado, it’s illegal for one of these places to deny someone the available goods and services because they are a member of any of the protected classes listed above. The part of the law that covers housing protects those same people from discriminatory financing, refusal to rent, unequal terms and conditions, failure to provide reasonable accommodations for disabilities, and retaliation for exercising these rights.
Some of the changes that were added in January 2015 include:
- Employees can now file discrimination lawsuits under state law vs. federal law.
- In addition to back pay and equitable relief (i.e. reinstatement), employees can now seek to recover punitive and compensatory damages such as emotional pain and suffering, mental anguish, loss of enjoyment of life, inconvenience and other losses not directly relating to or consisting of money (a.k.a. non-pecuniary losses).
- The courts now have the discretionary power to award aggrieved employees attorneys’ fees, as well as various fees and cost associated with the actions.
- Employers may be awarded attorneys fees and costs, but only if the court deems the case to be groundless, vexatious, or frivolous.
- Either the employer or the employee can now demand a jury trial.
- To be more in line with federal age discrimination law, there is no longer a maximum age for employees to make a discrimination claim.
What is the process for filing anti-discrimination complaints?
With all of these new laws, it is important to remember that there is a statute of limitations (time limit) from the date of the last alleged discriminatory and/or retaliatory act for when you must file a complaint:
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Employment filing deadline: six (6) months from the act of alleged discrimination (possibly up to 300 days for federal matters)
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Housing filing deadline: one (1) year from the act of alleged discrimination
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Public Accommodations filing deadline: sixty (60) days from the act of alleged discrimination
Therefore, if you feel that you have been discriminated against, it is important to act fast. If you choose to file a complaint yourself, you can read the steps for the Complaint Process online with the Colorado Civil Rights Division, under the Colorado Department of Regulatory Agencies, or DORA. There are different filings that need to happen before these deadlines, so it is important to start as early as possible. And whether you file yourself or get legal representation, know that the Division has 270 days to complete their administrative process (with 90-day extension requests available to both parties) so it can take a while to resolve.
Who can help me with anti-discrimination lawsuits?
The other option is to consult an attorney who is experienced with not only the deadlines and filing procedures, but also all of the state and federal anti-discrimination laws that may apply to your case. If you believe you are the victim of discrimination, it’s important to act quickly and to gather as much evidence as you can, and then contact a local civil rights attorney who can advise you on your case. The Civil Rights Litigation Group has successfully handled many anti-discrimination cases over the past 10 years and we are 100% dedicated to civil rights issues. We offer free consultations so you can find out if you have a legitimate case. Please call us at 720-515-6165.
Call 720-515-6165 for a free consultation.
Related blog posts on this topic:
How to spot workplace discrimination
Speaking up about workplace discrimination
Sexist language and subtle discrimination
Is there such a thing as pregnancy discrimination in the workplace?
I filed an age discrimination lawsuit: What questions will I be asked?
What proof do I need for age discrimination lawsuits in Colorado?
What is the burden of proof in a religious discrimination lawsuit
Discrimination in Denver
Is it discrimination? A few questions you need to ask
Dec 29, 2021 | Discrimination, Employee Rights
Workplace discrimination can take a variety of forms that may not always be easy to spot. But before we get into the details of how to spot workplace discrimination, it’s important to understand exactly what discrimination is. Simply put, discrimination means treating someone differently based on — or because of — their protected class characteristics (i.e. things like sex, race, age, religion, disability, etc.). We’ve all likely experienced some form of discrimination at some point or another in our lives, whether it be in the form of racism, sexism, ageism, or the many other ways that people are unfairly judged based on an aspect of themselves they cannot change. Disparate treatment based on a protected class characteristic is against the law. And while things have improved over the years, discrimination unfortunately still sometimes happens … especially in the workplace.
What laws protect you against workplace discrimination?
There are many federal laws that protect you from workplace discrimination, including but not limited to:
The basic idea of these combined laws is that employers must treat all of their employees equally regardless of sex/gender, age, race, religion, national origin, pregnancy status, disabilities, etc. They are not allowed to make employment decisions such as hiring, firing, promotions, assignments, or discipline based on these factors. The laws also prohibit retaliation and harassment, including sexual harassment. Federal laws apply to employers with 15 or more employees (the ADEA requires a minimum of 20), but many states have additional laws that extend these protections to employers with fewer employees. In Colorado, the Colorado Anti-Discrimination Act (CADA) and the Pregnant Workers Fairness Act (PWFA) protects employees who work for employers with less than 15 employees and, often, include even more expansive protections than does federal law.
What does workplace discrimination look like?
Discrimination can take many forms but there are certain behaviors and situations that you should keep an eye out for as red flags that might be indicative of discrimination.
Unequal pay: If two employees (or groups of employees) have the same skills, abilities, qualifications and performance and are doing the same (or comparable) job, but one is being paid more simply because of other differences, that may be a sign of discrimination. Whether those differences are based on gender, race, age, or any other protected class status — it’s not right and may be actionable. This is one of the most obvious and recognizable signs of discrimination, so if you suspect something may be amiss between you and other employee’s pay, consider asking what others in similar roles are being paid as compared to you.
Pay secrecy policies: To protect employees who inquire into the compensation they and their coworkers are making, the National Labor Relations Act of 1935 prohibits private-sector employers from enacting pay secrecy policies that try to stop employees from discussing their pay with each other. In 2014, President Obama signed an executive order that prohibits such discussion for federal contractors as well. If such policies exist, they are likely to be unlawful and/or unenforceable.
Lack of Diversity: Are all the employees at your company the same race? Is everyone under 40 even though there are plenty of jobs that could be performed by older people? Are all the female employees childless, which could indicate pregnancy or familial preference? If so, these types of patterns may be indicative of discrimination. The more obvious the differences are, the easier this one is to spot. You can also look for signs of this kind of discrimination by looking at people in positions of leadership — are they all men or a certain race? If so, this could be a sign that the employer discriminates in its hiring practices or may consciously or subconsciously prevent members of protects classes from advancement. This could also be a sign that facially neutral policies are being applied (or being applied in a manner) that may have a disproportionate impact on people of certain protected classes.
Gender roles: In the not-so-distant past, it was totally acceptable for employers to hire specific genders for certain jobs, such as men being managers and women being secretaries. Unfortunately, this kind of discrimination still happens today and affects people of all protected classes. Much of this discrimination is based on stereotypes, such as hiring only men as car salesmen because “men know more about cars.” Or hiring women as receptionists because “women are more pleasant than men.” It could involve employers not hiring people of a certain race for a front desk position because they don’t want people with different accents greeting customers. Sometimes it’s subtle, like an employer only asking female employees to fill in for a sick receptionist or younger employees to do jobs involving technology.
Inappropriate questions, jokes or communication: Everyone likes to joke around and be lighthearted at work occasionally, but if those jokes are levied at the expense of people of protected classes — such as sexist or racist jokes — it can be classified as discrimination. Also, it can be helpful to look at how supervisors communicate with the employees under them — are they condescending to certain genders or ages? Do they over-explain things to people of different races? Do they make unfounded assumptions about the trustworthiness of people of certain races? Do they express distrust for people of certain religions? These are the subtle forms of discrimination that may point to bigger problems.
Suspicious interview questions and hiring practices: During an interview, if you are asked questions about your health, age, plans on having a family, or other personal situations that have nothing to do with the job you are applying for, that may be a red flag. Some employers still look for ways not to hire women who may be planning on having children, or may already have several children, because those women sometimes need time off to care for their children. Employers may find tricky ways of asking about your age because your health insurance could cost them more or they might assume you are going to retire soon. If a potential employer asks inappropriate questions, it may be a sign to pass on that job or report the employer.
Unequal promotions and discipline: Are less-qualified male employees being promoted faster than more-qualified women? Are employees of a certain race given better jobs or opportunities for growth? Are older employees given less hours or given tasks that are below their skills? Likewise, are things equal with regards to discipline? Does your boss scold or punish the female employees for being late but let the men get away with it? If an employer only enforces certain policies with specific employees of a protected class, that can be an example of workplace discrimination.
Retaliation: If you feel that discriminated against, or that discrimination is impacting other employees, you have the right to complain and/or to seek changes for an equal opportunity workplace. If you decide to exercise your rights, the law prohibits your employer from retaliating against you, including for any of the following:
- Complaining to your employer or supervisor
- Filing a discrimination charge or lawsuit
- Resisting sexual harassment or advances
- Opposing discrimination or an unlawful employment practice
- Being a witness in someone else’s discrimination complaint or lawsuit
- Requesting an accommodation for a disability
- Assisting with a discrimination investigation
- Requesting information on your employer’s discrimination policies
All of these are considered protected activity and retaliation for them is against the law. Retaliation can take many forms such as termination, increased scrutiny, negative performance reviews, discipline, a change in job duties or reduction in hours, or almost any other form of threat or harassment that has a material effect on your job or ability to perform your job.
What should you do?
If you believe you are the victim of workplace discrimination or retaliation, it’s important to act quickly because there are time limits for when you can file a charge or a lawsuit. It’s equally important to gather as much evidence as you can and then contact a local civil rights attorney because they can advise you on all the laws in your city and state. The Civil Rights Litigation Group has successfully handled many workplace discrimination cases over the past 10 years and we are 100% dedicated to civil rights issues. We offer free consultations so you can find out if you have a legitimate case. Please call us at 720-515-6165.
Call 720-515-6165 for a free consultation.
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Related blog posts on this topic:
Speaking up about workplace discrimination
Equal pay for equal work is a law in Colorado
You have a right to your personnel files
Sexist language and subtle discrimination
Is there such a thing as pregnancy discrimination in the workplace?
I filed an age discrimination lawsuit: What questions will I be asked?
My company found out I’m a whistleblower and are now harassing me
What proof do I need for age discrimination lawsuits in Colorado?
Oct 13, 2021 | Civil Rights Law, Constitutional Rights, Discrimination
We often hear people talk about civil liberties and civil rights and how they are being violated, but do you actually know what they really are and what they afford you as an American? Simply put, they are the personal rights that are guaranteed by the U.S. Constitution and other federal laws enacted by Congress. They are designed to recognize the free-decision making required for individual autonomy and provide all Americans equal social opportunities and equal protection under the law regardless of race, religion, gender, age, or other personal characteristics. Aside from the rights and liberties expressly spelled out in the Bill of Rights, they include things like the Civil Rights Act of 1871, the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
In the U.S., federal and state law has been enacted to prohibit discrimination based on protected-class characteristics (such as race, color, religion, creed, national origin, ancestry, gender, sexual orientation, pregnancy, age, disability, etc.) when it comes to things like education, employment, access to public assistance and facilities, housing, or healthcare, just to name a few. The great thing about our Constitution and our system of laws is that it’s possible to make changes over time to correct or add things the original framers didn’t necessarily take account of or which were against social norms in the 1700s. One big example is slavery, which was still legal in 1776 and widely practiced in the South. That civil rights change only came about because of the Civil War and even then people have had to continue to fight so that people of color would eventually be given the same rights and the same treatment as others. Other civil liberties and civil rights have been secured either by new legislation or court cases providing precedence. But all of these require continued vigilance and enforcement through litigation.
What’s the difference between civil liberties and civil rights?
While they are somewhat similar, civil liberties are different from civil rights in that they are basic freedoms while civil rights focus on the right to be free from discrimination. Many of your civil liberties are guaranteed by placing limits on what the government can do to you, such as limit your freedom of speech or imprison you without proper cause. Other civil liberties include the right to privacy, the right to remain silent, the right to a fair trial, and the right to vote, something that both women and people of color had to fight for as they were not similarly recognized in the original Constitution. Most recently, the LGBTQ community fought to guarantee the right to marry for same-sex couples, a civil liberty the original framers would likely not have ever formally considered.
Civil rights, on the other hand, are designed to provide freedom from discrimination. For example, an employer can’t choose to promote only the men in the company, or layoff people just because they are over 50. Women can no longer be fired or denied promotions for getting pregnant; in fact, employers must accommodate pregnant women in the workplace. Your doctor can’t deny you medical care because they don’t like people of your race. And schools must provide a free education to all children in the U.S. and can’t segregate them into different schools. This is an example of a right that was won by a court case in 1954, Brown v. Board of Education.
Fighting for your rights
Fighting for our civil rights is something that we all need to continue to do because our system of governance requires increasing recognition of marginalized people in our society, methods of ensuring fair and equal treatment under the law, and enforcement through lawsuits, because, unfortunately, not everyone follows the law. Much of the civil rights fight happens in the political world, through voting, protests, and other methods of speaking out. The death of George Floyd in May 2020 brought about huge civil rights protests in many U.S. cities. Those protests brought about change and many states have passed new laws, such as requiring the police to wear cameras to accurately record what they do. As lawyers, we support, but cannot directly assist with political efforts. But when it comes to enforcement of the law, we have the tools necessary to sue, for example, employers that continue to find ways to discriminate and government agencies like police departments that continue to violate people’s civil constitutional rights on a daily basis. We are 100% dedicated to using the law to enforce your civil liberties and rights from those who would seek to violate them.
We can fight for your civil liberties and civil rights
If you feel that your civil liberties or civil rights have been violated, we may be able to help. If you believe your rights have been violated, whether it’s discrimination or police misconduct or any other civil rights matter, it’s important for you to contact an attorney that specializes in civil rights as soon as possible. Many claims have a statute of limitations so time is of the essence. The Civil Rights Litigation Group has handled many civil rights cases and we offer free consultations so you can find out if you have a legitimate case and/or if the attorneys here may be a good match to represent you in your case.
Call the Civil Rights Litigation Group at (720) 515-6165 or use our online contact form to schedule your free consultation with us today.
Call (720) 515-6165
May 30, 2021 | Discrimination, Employee Rights
No matter what kind of lawsuit you are looking to file, the most important element of your case will always be evidence — do you have any and how strong is it? Regardless of whether you are involved in a discrimination case with your employer or a case against the police, your cell phone is often your best defense. You always have the power to pull it out and start recording conversations or situations if you think something illegal is happening or about to happen. Most of the time, you are within your rights to do so.
The best kind of evidence
Discrimination lawsuits are some of the hardest to win because they often rely on how conduct by an employer is interpreted. Sometimes an employer’s specific language, tone, or comparative actions are key to understanding how something said or done is discriminatory. Context is often key. To prove that something illegal actually took place, you need to have solid evidence that you were treated differently because of your protected class status. And you want that to be clear. The best kind of evidence you can have is video or audio evidence. It’s difficult for someone to deny something or say that it wasn’t meant the way you interpreted it when you have a recording of the activity in context. In a time when pretty much everyone has a portable video camera and audio recorder in their pocket, it has become much easier to prove illegal conduct through records like audio and video evidence.
Recording conversations and the law
Recording conversations legally is pretty easy in Colorado. Colorado recording law stipulates that it is a “one-party consent state.” What that means is that only one party to a communication needs to be aware of a recording in order to lawfully consent to the creation of the recording. In Colorado, it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. … “One party consent” means that in Colorado, you are legally allowed to record a conversation you take part in.” (recordinglaw.com) Now, if you are in a situation where you are trying to record other people where you are not involved in the conversation, it’s only legal if they are in a public place — and therefore have no reasonable expectation of privacy — or if you make it known to at least one of the participants that you are recording. Otherwise, it’s considered eavesdropping.
Recording conversations in the workplace
Under many circumstances, the workplace is considered a public place. However, eavesdropping laws are serious business. So we do not recommend recording if you are not a party to the conversation, without consulting a qualified attorney first. However, most conversations you are aware of probably involve you, so most times recording conversations and/or phone calls with your employer (or whoever is discriminating against you), is fair game. Thus, recording your boss at work without him or her knowing is sometimes the best way to legally obtain critical evidence. Circumstances may only practically allow you to get audio evidence with a phone recorder turned on in your pocket or purse, but it still can provide solid evidence and can help your case. If problems are arising during group meetings, and you are part of those meetings, it is also likely legal for you to record those too. Unless your company has legal rules against it, it’s fine in most cases as long as you aren’t planning on doing anything illegal with the recordings, like blackmailing someone or selling company secrets. And if you want to be 100% sure that your recording will be legal, simply start recording and immediately say, “Do you mind if I record this?”
Company policies regarding recording
It is important to be aware of any company policies that may prohibit recording in the workplace. There may be legitimate security or privacy reasons companies prohibit recording in certain areas. Violating legitimate company policies could inadvertently place you in hot water. However, some company policies that prohibit recording may be illegal and/or unenforceable. In 2015, for example, “the National Labor Relations Board ruled that blanket no-recording policies by employers violate workers’ right to engage in ‘concerted activity’ about the terms of their employment.” You should consult an attorney to help navigate nuances in this area.
What to do next?
If you feel you are being discriminated against at your job, it is important to gather and save evidence that can make a difference. That can often involve audio or video recordings. After that, you need to find an attorney who is experienced in fighting workplace discrimination. Call the Civil Rights Litigation Group at 720-515-6165, or use our online contact form, to schedule your free consultation with us today. We’ll aggressively fight in court and make sure your rights are protected and you are treated fairly.
Call 720-515-6165
