Unfortunately, intentional and unintentional discrimination occurs at places of work across the country. While federal laws define and prohibit almost any kind of employment discrimination, Colorado law bridges some gaps not covered by federal regulations.
Like federal laws which prohibit discrimination in the workplace, the Colorado Anti-Discrimination Act bans employment discrimination against people based on their race, creed, disability, sex, religion, age, or ancestry. Colorado law goes even further than federal law to also ban discrimination based on sexual orientation or employee marriages (marital status discrimination).
Whereas the federal laws apply to employers with 15 or 20 employees, Colorado law applies to employers who have two or more employees, except in the case of discrimination based on marital status which requires a business to have 25 or more employees.
Age Discrimination in Employment Act (ADEA)
Employees who are 40 years of age or older are protected against age discrimination by the federal Age Discrimination in Employment Act (ADEA) when an employer has 20 or more employees. Under Colorado law, businesses with two or more employees are held to age discrimination laws. Another difference in Colorado law is that it provides employers to compel retirement for employees who have access to at least a certain amount of retirement benefits and who are between 65 and 70 years of age, and who have held executive positions.
Race, Religion, Color, Sex, and National Origin
Federal law bans discrimination or harassment in the workplace based on race, religion, color, sex, or national origin and covers employers with more than 15 employees. Colorado law bans this same discrimination though it applies to employers with two or more employees.
Colorado law takes discrimination laws a little further and bans discrimination based on sexual orientation, and for employers with 25 or more employees, bans discriminating against someone because their fiancé or spouse is a current employee.
While federal law prohibits the discrimination of qualified disabled persons by employers with 15 or more workers, Colorado law prohibits discriminating against a qualified disabled worker no matter how many employees are employed.
Employers are also required to make reasonable accommodations for disabled employees, so long as the employee can show medical proof of the disability and as long as the accommodations would not put an undue hardship on business operations, would not create a financial burden for the employer, and would not threaten the health and safety of other employees.
Colorado Workplace Discrimination
The discrimination attorneys at The Ramos Injury Firm have fielded many questions over the years regarding employment law and discrimination in particular. To help make these complex laws more understandable, we have compiled a list of the most frequently asked questions.
I am a transgender male and believe that I did not get hired for a job because of it. I was the most qualified applicant, but the employer didn’t want “my kind” there. Do I have a case?
Colorado law specifically prohibits discriminating against an individual because they are transgender. We recommend that you speak with an employment law attorney as soon as possible. The Equal Employment Opportunity Commission (EEOC) allows 300 days from the date of the discrimination to file a complaint. The Colorado Civil Rights Division (CCRD) allows only six months to file a complaint, and the clock starts ticking on the day the discriminatory act occurred.
Colorado employers are forbidden from discriminating against employees in many different situations including job advertisements. Even if the employer did not intend to discriminate because the employer truly believed a woman would not be able to do the job, they nonetheless are not legally allowed to post a job ad that adversely impacts any group or class of employees. If you plan on applying for the job, speak to your employment law attorney first to see what steps you may need to take to be a successful applicant.
There are some cases where a salaried employee would be eligible for overtime. Federal law says that salaried employees who make less than $11.37 an hour may be entitled to overtime pay when they work more than 12 hours in a day or 40 hours in a week. Your employment law attorney will know if you are eligible for overtime.
I am a 50-year old job applicant for a physical job that I have done nearly all my life. I don’t believe my age should be a factor in getting hired, however, the employer suggested that the job is better suited to younger applicants. Is that job discrimination?
Have you Been Discriminated Against at Work?
Call The Ramos Law Employment Lawyers Today.
You have rights and protections against discrimination in the workplace and the team at the Ramos Law Firm can save time and effort from trying to learn which federal and state laws apply to your employment situation. For example, Title VII of the Civil Rights Act of 1964 (amended 1991) says that employers of 15 or more employees are prohibited from discriminating based on race, color, creed, sex, religion, or national origin. However, Colorado says it is illegal for an employer to discriminate if they have more than two employees.
If you think you have been discriminated against, we want to help you. Contact our team at Ramos Law today.