Discrimination is a general term, that can encompass many different kinds of behavior. It can mean discrimination directed at a person because they belong to a particular group. This is called disparate treatment. Discrimination can also occur as a result of a neutral practice that results in a discriminatory effect. This is called disparate impact. Both of these forms of discrimination violate federal and state law. Additionally, an employer may be liable for discrimination where a mixed motive is involved – that is, where the employer has both legitimate and illegitimate reasons for its behavior.

Federal and state laws prohibit discrimination based on race, national origin and citizenship, sex, age, disability, religion, and military status. Additionally, some States protect individuals based on sexual orientation or other categories.

Discrimination can occur in the application process, in the promotion process or in the discipline and termination process.

A claim of discrimination can also include issues of harassment in the workplace. If you are interested in learning more about specific kinds of discrimination, please go to: [fill in].

EEOC

The United States Equal Employment Opportunity Commission, known as the EEOC, has the responsibility to enforce most of the anti-discrimination laws of the United States. This includes Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 (ADEA), In Colorado, the EEOC shares responsibility for enforcement with the Colorado Civil Rights Division, an agency of the Department of Regulatory Affairs.

A person who wants to sue an employer for discriminatory activities generally can file a complaint with either of these agencies. There are some differences, based upon the size of the employer’s work force. For example, Title VII generally applies to any employer that has more than 15 employees. The Colorado Anti-Discrimination act applies to any employer who employs one or more persons in the State of Colorado.

A person who wishes to sue their employer for discrimination must first file a complaint with either the EEOC or the state agency with jurisdiction. The time for filing a complaint varies, with the shortest time period being 90 days and the longest being 300. A person who fails to file a timely complaint may lose their right to sue altogether.

Typically, the investigating agency has a minimum of 180 days to investigate the claim of discrimination. Once the 180 days has passed, the employee may obtain a right to sue letter and file a lawsuit against the employer.

If you believe you have been subjected to discrimination  please contact us today for a free consultation.

• Diane Vaksdal Smith
• Chris Edwards