Discrimination

Private sector employees and employers face a wide range of potential issues and claims concerning employment discrimination. Employment discrimination is addressed through a series of federal laws and the Colorado Anti-Discrimination Act [CADA].

Murray Law welcomes the opportunity to provide serious and experienced representation to employees and employers concerning employment discrimination. Steven Murray has successfully represented clients in employment discrimination lawsuits before United States District Courts, including obtaining jury verdicts and resolutions on behalf of employees, former employees, and applicants for employment.

Federal Discrimination Law

Title VII of the Civil Rights Act of 1964, as amended, is comprehensive federal law addressing workplace discrimination. Title VII applies to private sector employers with 15 or more employees. Title VII prohibits:

  • Race or Color Discrimination
  • National Origin Discrimination
  • Sex Discrimination
    • Sexual Orientation & Transgender Discrimination are emerging and important issues under the “because of sex” discrimination protection of Title VII. The U.S. Equal Employment Opportunity Commission has filed civil actions in United States District Courts successfully enforcing Title VII’s prohibition on sex discrimination on the basis of sexual orientation and transgender status.

  • Pregnancy Discrimination
    • The Pregnancy Discrimination Act, an amendment of Title VII, prohibits discrimination on the basis of pregnancy, childbirth, and related medical conditions.

  • Religious Discrimination
    • Title VII prohibits discrimination on the basis of a person’s religion, religious practice, or religious observances. Title VII requires that a person’s religion, religious practice, or religious observances must be reasonably accommodated by the employer unless the employer proves the reasonable accommodation cannot be accomplished without imposing an undue hardship on the employer.

The Equal Pay Act of 1963 [EPA], is a federal law prohibiting compensation discrimination between employees on the basis of sex, in jobs requiring equal skill, effort, responsibility, which are performed under similar working conditions.

Section 1981 of the Civil Rights Act of 1866 [Section1981], as amended by the Civil Rights Act of 1991, is a federal law prohibiting race and national origin discrimination in the enjoyment of all benefits, privileges, terms, and conditions of employment. Section 1981 applies to employers with one or more employees.

The Age Discrimination in Employment Act [ADEA], is a federal law prohibiting age discrimination in employment, protecting persons over the age 40. The ADEA covers private employers with 20 or more employees.

The Americans with Disabilities Act of 1990 [ADA], as amended by the ADA Amendments Act of 2008, is a federal law prohibiting discrimination against qualified individuals with a disability. The ADA requires an employer to make reasonable accommodations for a qualified individual with a disability. The ADA applies to employers with 15 or more employees.

Colorado Discrimination Law

The Colorado Anti-Discrimination Act [CADA] applies to employers with one or more employees. The CADA law prohibits employment discrimination on the basis of race, color, creed, sex, sexual orientation, age, national origin, ancestry, and because the person is a victim of domestic abuse. The CADA prohibits discharge based on an employee’s participation in lawful off-duty activities. Concerning employers with 25 or more employees, the CADA prohibits an employer from refusing to hire or discharging a person because of the person’s marital status.

Harassment/Hostile Work Environment

Workplace harassment or a hostile work environment because of race, color, national origin, sex, pregnancy, religion, age, or disability is unlawful employment discrimination.

Discriminatory Actions

Prohibited employment discrimination includes adverse actions taken against a person because of a protected characteristic, status, or membership in a legally protected class, i.e. a discharge based on race. These actions include but are not limited to: (1) failure or refusal to hire; (2) discharge; (3) actions concerning the terms, conditions or privileges of employment; (4) payment of compensation, wages, and benefits; or (5) limiting, segregating, or classifying employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status because of such individual’s protected status.

Conclusion

Murray Law welcomes the opportunity to provide provides legal counsel to employees and employers addressing the issue of employment discrimination. Please call Steven Murray at 720-600-6642.

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