Sex Discrimination

Sex Discrimination in Employment is Unlawful

Federal and Colorado law prohibit sex discrimination in employment.

Murray Law welcomes the opportunity to provide dedicated representation to persons subjected to sex discrimination in employment. Steven Murray has successfully represented individuals subjected to sex discrimination and employment discrimination in lawsuits before United States District Courts.

Sex Discrimination Law

Title VII of the Civil Rights Act of 1964, as amended, is a federal law prohibiting sex discrimination in employment. Title VII applies to employers with 15 or more employees. The Colorado Anti-Discrimination Act [CADA], a Colorado law, prohibits discrimination based on sex in employment. CADA applies to employers with one or more employees. Title VII and CADA prohibit an employer from taking adverse employment actions because of sex, including but not limited to:

  • Failure or Refusal to Hire.
  • Employer actions re: terms, conditions or privileges of employment.
  • Posting and advertising of employment positions, recruiting process, interviewing, or selection process.
  • Employer decisions re: compensation, wages, or benefits.
  • Promotion, demotion, or job assignments
  • 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 sex; or
  • Denying a person employment opportunities because of sex, based on a person’s associations and relationships with other persons.
  • Denying a person employment opportunities because of stereotypes based on sex.

The Equal Pay Act of 1963 [EPA], a federal law, requires employers to pay equal wages to women and men in the same establishment for performing substantially equal work−jobs requiring substantially equal skill, effort and responsibility and are performed under similar working conditions. The EPA covers all forms of pay, i.e. salary, overtime pay, bonuses.

Sexual Orientation & Gender Identity Discrimination

Legal representation is provided to persons subjected to employment discrimination based on sexual orientation and gender identity.

Employment discrimination law is expanding to provide greater rights to persons confronting employment discrimination based on sexual orientation or gender identity. A greater number of courts and government entities recognize employment discrimination based on sexual orientation gender identity as discrimination because of sex.

Pursuant to Title VII’s prohibition on employment discrimination “because of sex”, the U.S Equal Employment Opportunity Commission [EEOC] 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.

The Colorado Anti-Discrimination Act expressly prohibits employment discrimination and harassment on the basis of sexual orientation. The rules of the Colorado Civil Rights Division define sexual orientation, to mean “a person’s orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another person’s perception thereof.” CCRD Rule, 10.2(DD).

Retaliation

An employer may not retaliate against any person by taking an adverse action because the individual engaged in lawfully protected activity under Title VII, the EPA, or the CADA. The law prohibits an employer from retaliating against an individual because the individual opposed any practice believed to be unlawful under the Title VII, the EPA, or the CADA, i.e. filed an informal complaint of sex discrimination with his or her employer, or participated in an employment discrimination proceeding by filing a charge of discrimination, assisting, testifying or participating in any investigation, litigation, or proceeding under Title VII, the EPA, or the CADA.

Harassment/Hostile Work Environment

An employer may not subject an employee to sexual harassment or a hostile work environment because of the person’s sex.

Administrative Proceedings

A person seeking relief for sex discrimination under Title VII or the CADA must file an administrative charge before filing a civil action in court. A charge of sex discrimination must be filed with the U.S. Equal Employment Opportunity Commission [EEOC] within 300 days of the discriminatory action. The aggrieved individual may also file a charge with the Colorado Civil Rights Division within 180 days of the last discriminatory action. The filing of discrimination charge with either agency is deemed jointly filed with both agencies.

A claimant under the Equal Pay Act is not required to file an administrative charge before filing a lawsuit.

Conclusion

Murray Law welcomes the opportunity to provide counsel and representation to any person who believes that he or she has been denied the vital employment right to be free from sex discrimination in the workplace. We look forward to meeting with you. Please contact Steven Murray at 720-600-6642.

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