When can I sue my employer for discrimination?

Employers exert a significant amount of control over our daily lives. In exchange for pay, they control when we show up for work, what we do when we get there, and even what our healthcare looks like. In most jobs, employers can terminate us for no reason or any reason – unless it’s an illegal reason. Federal and Colorado state law put protections in place to counteract that power imbalance, giving workers options to seek legal remedies to unlawful workplace discrimination and other intolerable conditions. You are a victim of illegal discrimination if your employer takes adverse action, makes your work environment unmanageable, or otherwise treats you differently and worse based on a protected characteristic, or if you have been retaliated against for your protected conduct, such as opposing what you believe to be illegal discrimination against yourself or others.

What classes are protected from discrimination?

The protected classes under Colorado state law are disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, age (40+), national origin, ancestry, marital status, marriage to a co-worker (in limited circumstances), and pregnancy/childbirth/related conditions.

Federal law is more narrow, covering race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40+), disability, and genetic information (including family medical history).

Employees are also protected from retaliation for filing a charge or complaint of discrimination, participating in a discrimination investigation or lawsuit, or opposing discrimination.

What constitutes illegal discrimination by my employer?

Generally, it is illegal for an employer to make any employment decision because a person belongs to a protected class. That means an employer may not discriminate when it comes to such things as hiring, firing, promotions, and pay. It also means an employer may not discriminate, for example, when granting breaks, approving leave, assigning work stations, or setting any other term or condition of employment – however small.

What should I do if I think I’m being discriminated against by my employer?

In most cases, you will need to file a discrimination complaint with the Colorado Civil Rights Division (CCRD) or the Equal Employment Opportunity Commission (EEOC) within 300 days of receiving notice of the act of discrimination (even if the effective date of the discriminatory act comes after receiving notice). You will need to exhaust the administrative proceeding with either of these agencies and receive a notice of right to sue before you can file your lawsuit. Once you receive that notice, you have 90 days to file a lawsuit.

Killmer Lane has decades of experience litigating employment discrimination cases. We work with clients through the CCRD/EEOC process and also through litigation in our courts, and recommend reaching out as soon as possible if you think you have experienced discrimination in order to avoid missing any key deadlines.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

This blog exists for educational and informational purposes only. It should not be seen as legal advice on any subject matter and does not form an attorney-client relationship. Readers should consult with their own counsel regarding any legal questions they have related to a specific circumstance. Additionally, any information contained on the blog is true and accurate to the best of our knowledge, but there may be omissions, errors, or mistakes. Particularly because the law regarding an issue can change over time, this blog should not be used as a substitute for the reader’s own legal research.