Federal and state laws protect virtually all employees from employment discrimination. Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. The Americans with Disabilities Act of 1990, as amended, protects qualified applicants and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, classification, referral, and other aspects of employment on the basis of disability. The law also requires that covered entities provide qualified applicants and employees with disabilities with reasonable accommodations that do not impose undue hardship on the employer. The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, terms, conditions or privileges of employment. In addition to sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, as amended (see above), the Equal Pay Act of 1963, as amended, prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.
An employee must file a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”) or Colorado Civil Rights Division (“CCRD”) prior to filing a discrimination lawsuit under Title VII, the ADA or ADEA. The Charge must be filed with the administrative agency within specific time frames. Otherwise, the employee’s claim may be lost. After a Charge of Discrimination is filed, the employer is typically required by the agency to provide specific information in response to the allegations of employment discrimination.
A prevailing employee in a discrimination case may recover substantial damages, including lost back-pay, front pay, compensatory damages for emotional distress, and punitive damages. These damages may be subject to statutory caps under Federal law depending on the size of the employer. A prevailing employee may also recover attorneys’ fees and costs incurred in prosecuting the action. Needless to say, the potential exposure can be significant, if not ruinous for a small to medium sized business.
Given the high stakes nature of discrimination and/or harassment litigation, it is critical that you have the best possible employment discrimination lawyer in any discrimination or harassment case. Baird Quinn’s attorneys have substantial experience representing individuals and businesses before the EEOC and CCRD. Our employment attorneys have also successfully represented individuals and employers in employment litigation in Federal and state courts in multiple states. We have obtained large recoveries on behalf of our individual clients, and the outright dismissal of lawsuits against our business clients with an award of litigation costs against the opposing party.
Baird Quinn’s labor and employment lawyers are available to assist you. Please go to the following link to find out more about our Colorado labor and employment lawyers. Contact Us