Workplace discrimination can be a challenging and emotionally charged issue for any employee to face. In Colorado, employees have rights that protect them from discriminatory practices based on race, color, religion, sex, national origin, age, disability, sexual orientation, and other protected characteristics.
Understanding the best practices for handling such claims can empower employees and ensure that their rights are protected. Baker Law Group is committed to providing guidance and advocacy for those who believe they have been victims of workplace discrimination.
Recognize Discriminatory Practices
Discrimination in the workplace may manifest in various forms, including, but not limited to, hiring and firing, compensation, assignment or classification of employees, transfer and promotion practices, differing types of training, and provision of benefits.
Discriminatory practices also encompass harassment based on a legally protected characteristic, such as making offensive remarks about a person’s characteristics. It is essential to recognize these behaviors as potentially illegal if they create a hostile work environment or result in an adverse employment decision affecting the victim.
Document Everything
For employees who suspect discrimination, it is critical to document all related interactions and incidents. Keeping detailed records can significantly influence the outcome of a claim. Documentation should include dates, times, locations, and the names of individuals involved, as well as a description of the incident and any witnesses. Emails, text messages, and written performance evaluations should be preserved, as these documents can provide substantive support to claims of discriminatory practices.
Report the Discrimination
Employees should report discrimination to their human resources (HR) department or a designated official as per the company’s policies.
When a formal complaint is filed internally, the employer’s legal obligation to investigate and address the alleged discrimination is triggered. It’s important to follow up on the complaint to ensure it is being addressed and to ask for updates on the status of the investigation.
If the workplace does not have an HR department if the internal complaint does not resolve the issue, or if the employee feels uncomfortable making an internal complaint (for example, if the alleged discriminator is in charge of handling such complaints), the next step would be to file a charge with the appropriate agency.
Know Your Legal Rights
In Colorado, employees are protected under both federal statutes, such as the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), and state laws such as the Colorado Anti-Discrimination Act (CADA). CADA extends some protections not covered under federal law, including discrimination based on sexual orientation, gender identity, and transgender status.
File a Charge with the EEOC or CCRD
Before initiating a lawsuit in court, victims of workplace discrimination in Colorado often need to file a charge with either the Equal Employment Opportunity Commission (EEOC) or the Colorado Civil Rights Division (CCRD). This process is known as “exhausting administrative remedies.” The EEOC and CCRD serve as neutral agencies that investigate discrimination complaints. There are strict deadlines for filing these charges (typically within 300 days of the discriminatory act), making it imperative to act promptly.
Seek Legal Counsel
Handling discrimination claims can involve complex legal proceedings and intricate details of employment law. Baker Law Group advises victims of workplace discrimination to seek legal counsel as early as possible. An employment attorney can provide strategic advice, help gather and preserve evidence, and represent the employee throughout the complaint process, including negotiations and, if necessary, litigation.
Call a Colorado Employment Attorney
If you believe you have experienced workplace discrimination, do not hesitate to seek professional legal help. Baker Law Group provides comprehensive legal assistance to employees facing discrimination in the workplace.
Our experienced attorneys can help you navigate the legal system to ensure your rights are protected. Contact us today to schedule a consultation and learn more about how we can assist you in effectively addressing workplace discrimination.
