What Protections Do Colorado Employees Have Against Age Discrimination?
Colorado employees aged 40 and older are protected from workplace discrimination under the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA). These federal laws prohibit discriminatory practices based on age and provide specific protections around severance agreements and benefit plans. Employers may not take adverse actions—such as firing, demotion, or denying benefits—because of an employee’s age.
Who Is Covered Under the ADEA in Colorado?
The ADEA applies to:
- Private employers with 20 or more employees for at least 20 weeks in the current or prior year
- Federal, state, and local government employers
- Labor organizations and employment agencies
Even smaller employers may be subject to ADEA requirements if they operate jointly with affiliated entities that meet the employee threshold.
Employees must be at least 40 years old to be covered. Independent contractors are not protected by the ADEA, but some individuals labeled as contractors may still qualify as employees depending on the degree of control the employer exercises over their work.
What Actions Count as Age Discrimination in Employment?
The ADEA prohibits discrimination in:
- Hiring and firing
- Layoffs, demotions, or refusal to promote
- Compensation or benefits
- Workplace conditions and harassment
The law also prohibits retaliation against any employee—regardless of age—who reports age discrimination or participates in an investigation or legal process.
Prohibited conduct also includes:
- Publishing job ads that discourage older applicants
- Employment agencies refusing to refer older workers
- Applying different standards or benefits based on age
Are There Exceptions or Defenses to ADEA Claims?
Yes, employers may have a defense in limited cases:
- Bona Fide Occupational Qualification (BFOQ): Employers may make age a requirement if it is reasonably necessary to the job (e.g., safety-related roles).
- Seniority Systems: Valid if not designed to evade the ADEA.
- Benefit Plans: Employers may offer different benefits if the cost of covering older workers is equal to or greater than that for younger employees.
These defenses are narrowly interpreted and must be clearly justified.
How Do You File an Age Discrimination Claim in Colorado?
Before going to court, an employee must file a charge with the Equal Employment Opportunity Commission (EEOC) or the Colorado Civil Rights Division (CCRD). Key deadlines:
- File within 180 or 300 days of the discriminatory act, depending on circumstances
- If the agency finds probable cause, it will attempt to settle the claim
- If settlement fails, the EEOC may litigate or issue a Notice of Right to Sue so the employee can proceed in court
What Remedies Are Available Under the ADEA?
Employees who prevail on ADEA claims may receive:
- Back pay and front pay
- Reinstatement or promotion
- Liquidated damages (double back pay) if the violation was willful
- Attorney’s fees and legal costs
Federal employees may not be eligible for liquidated damages.
What Does the OWBPA Require for Valid Severance Waivers?
The Older Workers Benefit Protection Act (OWBPA) governs how severance agreements with employees age 40+ must be handled. Any waiver of ADEA rights must meet all of the following to be valid:
- Written in plain language
- Specifically reference ADEA claims
- Apply only to past conduct
- Offer consideration beyond what the employee is already entitled to
- Advise the employee in writing to consult an attorney
- Provide at least 21 days to review (or 45 days for group layoffs)
- Include a 7-day revocation period after signing
- Disclose job titles and ages of those eligible/ineligible for group termination programs
Failure to meet any of these conditions makes the waiver invalid.
Does Colorado Have Its Own Age Discrimination Laws?
Yes. Colorado state law mirrors many ADEA protections through the Colorado Anti-Discrimination Act (CADA). CADA also applies to employers with fewer than 20 employees, expanding protections beyond the federal threshold.
Contact Our Colorado Age Discrimination Lawyers
Baird Quinn’s Denver employment attorneys have extensive experience handling ADEA and OWBPA claims. Whether you’re facing discrimination, navigating a severance agreement, or seeking to protect your rights, we’re here to help. Contact us to speak with an experienced age discrimination attorney in Colorado.
FAQs: Colorado Age Discrimination & ADEA Claims
What qualifies as age discrimination in Colorado?
Age discrimination occurs when an employer takes adverse action—such as firing, demotion, refusal to promote, or harassment—against an employee specifically because they are age 40 or older. This protection applies to both federal law (ADEA) and state law under the Colorado Anti-Discrimination Act (CADA).
What is the deadline to file an ADEA claim?
Employees in Colorado typically must file a formal charge with the Equal Employment Opportunity Commission (EEOC) or the Colorado Civil Rights Division (CCRD) within 180 or 300 days of the discriminatory act. Failing to meet this strict deadline can permanently bar you from pursuing a lawsuit.
Is it legal for my employer to force me into early retirement?
No. While an employer can offer voluntary early retirement incentives, they cannot legally force or coerce an employee to retire simply because of their age. If you feel you are being forced out or replaced by younger, less experienced workers, you should consult an age discrimination attorney immediately.
What are the rules for severance agreements for older workers?
Under the Older Workers Benefit Protection Act (OWBPA), any severance agreement that asks a worker over 40 to waive their age discrimination rights must meet strict requirements. This includes giving the employee at least 21 days to review the offer, 7 days to revoke it after signing, and specifically advising them to consult an attorney.