Employment Law

The practice of private and public sector employment law is complex.

Clients and attorneys confronting employment law issues must analyze the applicable and numerous federal and state statutes and regulations, as well as decisions by federal and state courts and administrative agencies. Accordingly, every employment matter should be analyzed in the context of the unique facts and the specific employment laws and legal principles governing each case. A discussion of all potentially applicable employment laws is beyond the scope of this website.

This practice represents clients in proceedings involving Equal Employment Opportunity law, including discrimination and retaliation claims, and a wide range of modern workplace issues, in private sector and federal, state, and local government employment.

EQUAL EMPLOYMENT OPPORTUNITY LAW [EEO]

  • Discrimination: Sex-Pregnancy-Age-Race-National Origin.
  • Discrimination: Disability-Religion-U.S. Uniformed Services.
  • Unlawful Harassment/Hostile Work Environment.
  • Retaliation for Exercising EEO Rights.
  • Equal Pay for equal work, performed by men and women.
  • EEO Grievances, Charges, and Complaints.
  • Investigations & Hearings before Government Agencies.
  • EEO Issues relating to an Employer's Handbook & Personnel Policies.
  • U.S. Equal Employment Opportunity Commission.
  • Colorado Civil Rights Commission.

Discrimination

In general, unlawful employment discrimination occurs when an employer refuses or fails to hire, or discharges any individual, or otherwise discriminates against an individual with respect to her compensation, terms, conditions, or privileges of employment, because of such person's protected class. A person's protected status may include the person's gender (including pregnancy status), age, disability, religion, race, color, national origin, or other protected class, such as persons who serve in the Uniformed Services of the United States.

Retaliation

A claim of retaliation is a separate and distinct claim from a claim of discrimination. The vast majority of significant federal employment statutes include a provision preventing retaliation.

In general, an anti-retaliation provision prohibits an employer from taking an adverse employment action against an employee, applicant for employment, or former employee, for such person's exercise of legally protected rights under the law in issue. An anti-retaliation provision may prevent the employer from retaliating against any such person because she has opposed any practice made unlawful by the law in issue, such as opposing discrimination, or because the person has made a charge, testified, assisted, or participated in any investigation,  legal proceeding, or any matter relating to the law in issue.

EMPLOYMENT ISSUES

The employment issues confronted by particpants in the modern workplace are constantly evolving. This practice provides representation concerning a vast range of such workplace issues, including but not limited to the issues listed below.

  • Wrongful Discharge.
  • Non-Competition Agreements.
  • Trade Secrets.
  • Unfair Competition.
  • Constructive Discharge.
  • Employment Handbooks and Personnel Policies.
  • Employee Grievances and Employee Performance/Evaluation Issues.
  • Professional & Occupational Licensure Proceedings.
  • Family and Medical Leave.
  • Compensation-Wages-Benefits.
  • Civil Rights & U.S. Constitutional Rights Cases.