State & Local Government Employment

Overview

State and local government employees face a broad scope of federal and state employment laws.

Employees have the right to defend adverse disciplinary and performance-based actions, and seek remedies for violations of equal employment opportunity and employment-related constitution rights.

Murray Law seeks to provide helpful counsel and effective representation to state and local government employees, supervisors, managers, executives, professionals, applicants, and former employees. Representation provided to state and local employees in:

  • Actions to enforce an employee’s right to be protected from discrimination, retaliation, and harassment;
  • Defending adverse disciplinary and performance-based actions;
  • Adverse equal employment opportunity [EEO] actions—where an employee is accused of violating a co-worker’s EEO rights;
  • Actions to enforce employee rights before federal, state, and local government agencies; and
  • Civil actions in United States District Courts and Colorado District Courts.
Equal Employment Opportunity

State and local and federal government employees have the right to free from discrimination on the following bases:  race, color, national origin, sex, pregnancy, sexual orientation, religion, and disability.

A state or local government agency employer cannot subject an employee to harassment resulting in a tangible employment action, i.e. demotion; or the creation of a hostile, offensive work environment.  Harassment is unlawful discrimination when the conduct is based on a protected trait or membership in a protected class.

Public sector employers are required to provide employees and applicants with reasonable accommodations for a disability and/or religion or religious practice.

State and local employees may challenge adverse disciplinary and performance-based actions though the equal employment opportunity [EEO] process.

Retaliation

Federal and Colorado prohibit state and local government employers from discriminating against an individual, through retaliation, because the individual opposed any practice unlawful under the law, i.e. race discrimination, or the individual made a charge, assisted, testified or participated in any investigation, litigation, or proceeding under the law.

Equal Pay & Overtime

In general, the Fair Labor Standards Act requires state and local employees to be paid the minimum wage and overtime, meaning, time and one-half the regular rate of pay for all hours worked over 40 in a workweek.

State and local employees are protected by the Equal Pay Act of 1963. The Act prohibits wage discrimination on the basis of sex for equal work. The EPA provides that equal pay should be provided where male and female workers perform equal work in jobs requiring equal skill, effort, responsibility, and performed under similar working conditions.

Constitutional Rights

State and local employees have constitutionally protected rights in employment under the United States Constitution. Depending on the specifics of any case, employees have the right to: (1) be free of prohibited discrimination under the equal protection clause of the Fourteenth Amendment; (2) due process of law, concerning an agency adverse action to deprive an employee’s protected property and liberty interests in employment, as protected under the due process clause of the Fourteenth Amendment; and (3) freedom of expression and association under the First Amendment.

Conclusion

Murray Law welcomes the opportunity to counsel and represent individuals and employers facing employment law issues in state and local government employment. Please contact Murray Law at 720-600-6642.

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