Retaliation

Workplace Retaliation is Unlawful

Federal and Colorado law prohibit employers from retaliating against an individual because the individual engaged in lawfully protected conduct.

Murray Law welcomes the opportunity to provide experienced and dedicated representation to individuals confronting employment retaliation. Steven Murray has successfully represented individuals asserting retaliation claims in cases before United States District Courts, including obtaining jury verdicts and favorable resolutions before the United States District Court for the District of Colorado.

The legal protections against retaliation are broad, prohibiting a wide range of employer conduct. Any person who believes he or she is the subject of unlawful employer retaliation is served by seeking legal counsel to understand his or her protections against unlawful workplace retaliation.

Retaliation Law

Retaliation is prohibited under numerous federal employment and civil rights laws and the Colorado Anti-Discrimination Act [CADA], a Colorado law.

Pursuant to federal employment law, an employer may not take an adverse employment action against an individual because the individual has:

  • (1) Opposed discrimination under federal law, i.e. filed an informal complaint of race, color, sex, pregnancy, national origin, religious, age, or disability discrimination with his or her employer, or

  • (2) Participated in an employment discrimination proceeding by filing a charge of discrimination, assisting, testifying or participating in any investigation, litigation, or proceeding under the applicable employment law, i.e. the individual served as a witness during an employment discrimination investigation conducted by the employer or a government agency.

An employer may not retaliate against an individual for requesting and/ or receiving a reasonable employment accommodation for an individual’s religion or religious practice.

Pursuant to the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 [ADA], an employer cannot retaliate against a person for requesting and/or receiving a reasonable employment accommodation to a disability. The ADA prohibits coercion, intimidation, threats, or interference with any individual:

  • (1) in the person’s exercise or enjoyment of any right under the ADA; or because

  • (2) the individual actually exercised or enjoyed any right under the ADA; or

  • (3) the individual aided or encouraged any other individual in the exercise or enjoyment of any right the ADA.

Pursuant to the Family and Medical Leave Act, an employer may not retaliate against an individual who has requested or received family and medical leave. The FMLA prohibits an employer from interfering with, restraining, or denying the exercise if any right under the FMLA.

The Fair Labor Standards Act, a federal law, prohibits retaliation against an individual for asserting his or her wage and hour rights under the Act, or participating in protected conduct under the Act.

The Colorado Anti-Discrimination Act [CADA] prohibits employment discrimination on the basis of race, color, creed, sex, sexual orientation, age, national origin, ancestry, and marital status, and on the basis of a person being a victim of domestic abuse, violence, and participation in lawful off-duty activities. An employer may not retaliate against an individual for opposing any unlawful practice under the CADA or for participating in legally protected conduct under the CADA.

Retaliatory Actions

Examples of employer retaliation include adverse employment actions concerning the following matters:

  • Refusal or Failure to Hire.
  • Discharge.
  • Terms, conditions or privileges of employment.
  • Compensation, wages, or benefits.
  • Promotion, demotion, job assignments, or layoff.
  • Future employment opportunities.
  • 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 the individual’s participation in lawfully protected conduct.
  • Workplace Harassment – Hostile Work Environment.
Conclusion

Murray Law welcomes the opportunity to provide advice, counsel, and legal representation to any individual who believes that he or she has been deprived of the vital legal right to be free from unlawful retaliation in employment. Please contact Steven Murray at 720-600-6642.

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