Employers face challenges and potential liability because of the numerous federal and state laws governing employers and the wide range of legal claims available to employees.Representation
This practice provides experienced counsel and representation to employers in the following proceedings and actions.
- Analysis/Evaluation: employee requests, grievances, charges, and/or claims.
- Employer Defense
- Responding to employee grievances, charges submitted to employer, and/or filed with the Equal Employment Opportunity Commission and/or the Colorado Civil Rights Division, or other government agency.
- Federal, State, and Local Government Agency: Hearings & Investigations
- Federal and State Court: Civil Actions-Litigation-Trials
The size of the employer, concerning the number of employees, determines the coverage of various employment discrimination laws. The following laws prohibit discrimination and harassment based on protected a protected trait or protected trail. Employers are prohibited from retaliating against any individual because the person who engaged in protected activity under the law.
Title VII of the Civil Rights Act of 1964, a federal law, prohibits discrimination based on race, color, national origin, sex, sexual orientation, pregnancy, and religion. Title VII applies to employers with 15 or more employees.
The Age Discrimination in Employment Act [ADEA], a federal law, prohibits age discrimination. The ADEA covers employers with 20 or more employees, The Americans with Disabilities Act of 1990 [ADA], a federal law, prohibits discrimination based disability. The ADA applies to employers with 15 or more employees.
The Equal Pay Act of 1963 [EPA], a federal law, prohibits discrimination because of sex for equal work. The EPA applies to nearly all private sector employers regardless of the number of employees.
In Colorado, employers having one or more employees are subject to the Colorado Anti-Discrimination Act [CADA]. The CADA prohibits discrimination on the basis of race, color, creed, sex, sexual orientation, age, national origin, ancestry, or because the aggrieved individual 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 marital status.Employer Actions
An employer cannot discriminate or act unlawfully concerning the following actions and issues.
- Wrongful Discharge
- Discrimination | Harassment | Retaliation
- Disciplinary & Performance Actions
- Employer Actions re:
- Failure | Refusal to Hire
- Discipline | Performance
- Equal Pay | Wages | Overtime
- Promotion | Demotion | Job Assignments
- Enforcement of the employer’s policies, rules, or practices
- Employer actions to enforce the employer’s policies and practices
- Non-Competition & Trade Secret Agreements
- Family & Medical Leave
An employer cannot discriminate concerning hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.Conclusion
Murray Law welcomes the opportunity to counsel and represent employers. Please contact Murray Law at 720-600-6642Resources
The Equal Employment Opportunity Commission [EEOC] provides guidance, explanation, and discussion for employers. See https://www.eeoc.gov/employers/index.cfm
The Small Business Resource Center of the Equal Employment Opportunity Commission is a comprehensive resource for small employers. See https://www.eeoc.gov/employers/smallbusiness/index.cfm