Dec 11, 2018 | Employee Rights
Age discrimination—two words nobody ever wants to hear. It’s one of the ugliest forms of discrimination, as well as one of the most widely practiced. For all the laws and the press and the talk about it, making assumptions about someone’s age still happens, particularly in the workplace.
Even with the Age Discrimination In Employment Act, the AARP estimates that 64% of workers admit that they have witnessed ageism in the workplace. With 1 in 5 workers over the age of 55, it’s not a stretch. Even job seekers over 35 see their age as an obstacle to finding a new job. Even in the current stronger economy, workers “over a certain age” are being left unemployed, all because of their age.
But proving age discrimination is an uphill climb. Most employers have not only been trained on how not to discriminate, but they’ve also found ways around the system to make sure they aren’t caught. It’s not usually the blatant comment that “you’re too old to do this job now.” Employers have become more subtle in age discrimination. So what can you do?
Proving Discrimination
The Supreme Court’s 5-4 ruling on Gross v. FBL Financial Services, Inc. in 2009 makes proving age discrimination much more difficult. This case increased the burden of proof that you will have to meet to prove that you’ve been subjected to age discrimination, and you must prove that age was the primary reason for a firing, layoff or demotion, and not combined with something else (such as a poor performance review.) Because of this increased difficulty, employers have become better at hiding it.
If you’ve heard comments about age, directed at you or others, keep a record of everything. But outright age discrimination isn’t always that obvious, and most employers know how to conceal it.
Like other types of discrimination, there are some signs to look for and document:
- You’ve been passed over for promotion repeatedly, despite the promotion of younger employees with less experience
- Younger workers are invited to training, meetings or other work-related activities that you (and other older workers) aren’t
- You’re frequently asked about when you plan to retire, especially by your boss or HR (document these kinds of comments with name, date, time and witnesses.) These kinds of comments may also constitute harassment and create a hostile work environment.
- After years of positive performance reviews, you are suddenly “written up” or given disciplinary documentation, when younger workers are not for the same “infractions”
- Your job responsibilities have dramatically changed so that you are unable to complete them (such as much higher and more difficult sales targets)
- You (and others like you) are being treated very differently than younger employees
- Promotions, transfers and new hires are increasingly younger and younger, while older workers are given different responsibilities or systematically laid off.
- Younger workers are being offered different types of benefits
There are some types of positions, such as airline pilots, where age is a factor, and you may not be able to file a complaint.
If you’ve been discriminated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC.) The agency notes a marked increase of ageism complaints since 1997, with more than 25,000 filed per year since 2008.
Voluntary and/or mandatory retirement
In some cases, this may also be a form of age discrimination, since it’s offered to older, tenured and thus more expensive workers. If the company is actively working to shed workers over 50 or so, be sure to review everything before you sign anything (or have your lawyer review them for you.) If you discover later that you were, in fact, discriminated against, you may have signed away the right to sue the company later in exchange for your retirement package.
Caveat
Filing a suit like this one can be draining, both emotionally and financially. It also brands you as a “high-risk applicant,” because any other employer may be afraid to hire for fear of litigation later. Whether you win or lose such a lawsuit, you may face increased difficulty in finding employment. So in addition to being over a certain age, suing a former employer may make you completely unemployable.
Age discrimination is against the law
There are strict laws in the US against all discrimination. If you believe you’ve been the target of age discrimination in Denver, call the Civil Rights Litigation Group at (720) 515-6165 for a free consultation. We’re experienced in helping people like you fight back. We can help you file your EEOC complaint, and represent you in court when the time comes.
Oct 18, 2018 | Civil Rights Law
A loved one was killed in a drunk driving accident. A child dies from injuries due to a defective baby bed. Or someone died in the hospital after a simple surgical procedure. Can you file an action for a wrongful death?
This type of suit is similar to a personal injury suit that an injured person would file after an accident. The difference is that that the surviving spouse, parents, children or other dependents would file it on behalf of the deceased individual. If they are successful, they may be awarded damages for wrongful death. Let’s look at how this works.
What is wrongful death?
When someone dies as a result of negligence, or intentional reckless actions of another individual, it’s called a wrongful death. The causes can include:
- A car accident, whether a drunk driver or another driver’s negligence
- Workplace accidents (especially those that were preventable)
- Severe slip & fall accidents (also called “premises liability”)
- Medical malpractice
- Defective products (including vehicles and parts)
- Nursing home abuse and negligence
- Prescription drug side effects that caused death
- Other cases of individual negligence that caused an unnecessary death
A surviving spouse, children, or in some cases, surviving parents, can file a wrongful death suit on behalf of a deceased person.
A note about workplace accidents
Survivors will usually be entitled to death benefits through Colorado’s worker’s compensation system. In some cases, you may be able to file a wrongful death suit. Workers who died as a result of asbestos exposure may be considered a wrongful death. Consult with an attorney who is experienced in wrongful death cases to find out if the workplace accident qualifies, and if you are able to file suit.
Statute of limitations on wrongful death lawsuits
Like any lawsuit, there is a time limit. Colorado has a two-year time limit on wrongful death lawsuits. Contact a lawyer immediately if you are considering filing one.
Colorado’s Wrongful Death Act allows the surviving spouse the initial and exclusive rights to file a claim during the first year the death of their spouse. After that, a surviving spouse and children may bring a claim. If the deceased had no spouse and/or children, his or her parents can pursue a claim for wrongful death, including the first year.
Additionally, a representative of the deceased’s estate can also file a survival action to recover specific types of losses from the estate.
Wrongful death monetary damages
Spouses, children and/or parents may be awarded monetary damages that compensate them for the loss of the individual. Those damages may include:
- Loss of future wages
- Benefits as a result of the loss, such as life insurance
- Loss of companionship, love, care, and protection that the deceased provided
Plaintiffs may also request damages for:
- Medical expenses from the deceased’s fatal injury or illness
- Funeral/burial expenses
- Punitive damages, or “punishment” to a wrongdoer for his or her negligence, and as a deterrent to others who might commit the same negligence
Colorado doesn’t have caps on economic losses (lost wages, etc.) But punitive damages are currently limited to $468,010 for pain and suffering. Other limits apply to different types of cases.
A wrongful death claim is a civil claim, and the only punishment involved is financial. However, a criminal case filed in the same action doesn’t preclude a family member from filing a civil suit. This can happen in the case of a vehicular homicide—the state will file criminal charges and bring a criminal action, and the family can file a wrongful death case at the same time.
Wrongful death suits in Denver
Losing a loved one is never easy. A wrongful death can be even harder. Our attorneys understand the pain and difficulty of a lawsuit after losing a loved one. We will work to guide you through the legal process.
Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today.
Sep 26, 2018 | Civil Rights Law
Police have specific guidelines when they go out to search a home, or if you’re stopped in a car. Sometimes, procedures aren’t followed. The Fourth Amendment protects you from illegal search and seizure.
How you’re protected
The Fourth Amendment states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The State of Colorado also has a similar statute in the state constitution. Police can’t just search your car or home for no reason.
Why police might search
While the Fourth Amendment covers searches that are “unreasonable,” there are times when a search may be considered “reasonable.” Should the police believe they have probable cause to search you, your home, your car, or anything else connected to you, the search is because they believe they can find evidence to prove that you committed a crime. Generally, there is a search warrant issued and signed by a judge for this to happen.
Alternately, there may be extenuating circumstances that allow for a search to be executed without a warrant.
“Fruit of the poisonous tree”
Evidence obtained as a result of an illegal search can also be disqualified. This term was coined after a famous court case, Wong Sun vs. The United States. In this case, the prosecution introduced drugs into evidence that were discovered while in an interrogation during an illegal arrest.
For instance, if you are stopped by police for no reason, and the police find something that leads to hidden evidence (a note, a text, etc.) that they would normally not have found, the two parts equal an illegal search and seizure. The trail that leads them to it is the “tree,” and the evidence found as a result is the “fruit.”
This means that dismissals are two-fold. Charges filed against you as the result of an illegal action can be dismissed as well as any evidence because they were not properly obtained.
Defending yourself against illegal search and seizure
Police are not allowed to conduct searches because they feel like it, or because they “thought there might be something.” If the police come to your door and ask to search the place, you have the right to ask for a warrant. If they believe they have probable cause, you will likely get a return visit from them with one. However, if they have probable cause to conduct a warrantless search and are intent on searching anyway, you may have no choice. Verbally inform them that you do not consent (loudly if there are possible witnesses), but do not interfere with them.
Police can only search whatever is described in the warrant. For instance, if the warrant allows a search of your house, searching a potting shed may be considered an “illegal search.” They are only allowed to seize what’s allowed in the warrant. Searching for and finding something else not described in the warrant may also be “illegal,” but not necessarily.
Hiring a civil rights attorney is your best defense against a 4th Amendment violation.
Should the police violate your civil rights with an illegal search and seizure, you can sue for monetary damages under what’s known as a “1983 action.” The section of the US Code (42 U.S.C. §1983) that covers 4th Amendment violations is where the name comes from, and it’s used to define illegal search and seizure, as well as other civil rights. A skilled civil rights attorney can file charges and proceedings and guide you through the process.
If you are charged with a crime using evidence that is obtained through an illegal search, a civil rights attorney can file a motion to suppress the evidence. If the motion is successful, the evidence, and possibly the case, may be thrown out completely.
NOTE: Even if a search or arrest is illegal, resisting or physically fighting an officer can still result in charges of resisting arrest — a separate charge from the original, wrongful arrest that probably won’t be dismissed. DO NOT resist an arrest, no matter how illegal.
Defend your rights — call today
If you’ve been a victim of an illegal search and seizure, you need an attorney experienced in civil rights cases.
Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We understand civil rights cases, and aggressively defend you in court and make sure your rights are protected.
Aug 18, 2018 | Civil Rights Law
Being arrested is a difficult experience. A conviction with a prison sentence is even more difficult. You lose many of your rights when you’re admitted to prison to serve a sentence. But if your arrest and/or incarceration include various forms of abuse, that’s a violation of your Eighth Amendment rights, which include the prohibition of “cruel and unusual punishment.”
But when is it considered prison abuse, and how do you fight against it?
Unfortunately, Colorado in the 21st century isn’t immune to civil rights violations for prisoners of all grades. From a local drunk tank to a full-fledged sentence in state prison, you do have some civil rights, even behind bars. Prison abuse is illegal.
The First Amendment
While you still have your rights to practice your preferred religion, associate with family and friends of your choice and read whatever you like (within reason), there are some restrictions. Many are for security reasons, and must “be reasonably related to a legitimate government interest.” The so-called “Turner Test,” named after Turner v. Safley, 482 U.S. 78 (1987), set the legal standard for prisoner’s rights under the First Amendment.
Some prisons may deny reading material they consider “dangerous” or pornographic, but must follow a procedure to ban books or magazines. Others may require prisoners to get books directly from the publishers. But prisons can censor information they believe will cause disorder and/or violence, or that could damage a prisoner’s chances of rehabilitation.
But many prisoners’ rights are curtailed beyond the need for prison safety, limiting their access to family members, reading material and the religious practice of their choice. This can violate the prisoner’s First Amendment and be considered prison abuse.
The Eighth Amendment and prison abuse
The amendment that defines “cruel and unusual punishment” as well as the levying of “excessive fines” for prisoners. (More detail is available here.) This includes “unsanitary, dangerous or overly restrictive conditions.” While there have been some reforms, the unfortunate truth is that many prisoners are still subjected to multiple types of abuse, including physical and sexual assault, neglect, exploitation and excessive force. Women at the Denver Women’s Correctional Facility have also been subjected to repeated sexual harassment and assaults.
Medical and dental needs are also covered under this amendment. Ignoring a prisoner’s request for medical care is a violation. If you are in need of medical care and are met with indifference or ignored, you may have a case for abuse. The criteria for denied medical care are:
- You had a serious medical need, such as an untreated injury or other medical condition
- Prison officials showed “deliberate indifference” to your serious medical need
- This deliberate indifference caused your injury
The ACLU has filed prison abuse lawsuits against the state of Colorado for its lottery-style treatment of prisoners with Hepatitis C.
Solitary confinement
Long a staple of prisoner discipline, Colorado has revamped the policy on putting prisoners into solitary confinement. Rick Raemisch, the executive director of the Colorado Department of Corrections, examined the practice of putting prisoners into solitary when he took the job in 2013. Many prisoners were put into solitary and left there for many months or even years, for the smallest infractions. Long-term isolation was found to lead to or exacerbate mental illness.
Working with the UN and the State Department, Raemisch found that leaving a prisoner in solitary confinement for more than 15 days amounted to torture. In September 2017, the limit for prisoners to be kept in solitary was changed to 15 days. Anger management, therapy and other needs are addressed when prisoners are re-introduced into the prison population. No longer are any prisoners taken directly from long-term solitary confinement and released from prison directly into the general population. Therapy and other help is given long before a prisoner is even released back into the prison population. The results have been excellent and well received, even by the most reluctant of detention officers.
Available resources
Prisons often have law libraries available for residents to utilize. However, law books and legal journals can become outdated, so it’s best to make sure that the law is current or hasn’t been replaced with another one. A civil rights attorney can help you with current case laws to bring your claim to court.
Other available resources on prison abuse:
ACLU National Prison Project—a division of the ACLU dedicated to prison reform, reduction of incarceration and the humane treatment of prisoners in US jails. This includes information on your rights to medical and dental care, however, this document was last updated in 2005.
Prison Policy Initiative—an online resource for updated information on the criminal justice system on a national scale. This advocacy group researches the harm that mass incarceration and over-criminalization creates for society.
A Jailhouse Lawyer’s Manual—this online book is published by Columbia University, and available to download for free online. Published in 2010, and 158 pages, this manual can help you through a complaint or lawsuit. (NOTE: the book is not intended as legal advice, and some parts may be outdated.)
You have rights in prison
If you or a loved one have been mistreated, harmed, or the victim of prison abuse while incarcerated, you don’t have to accept it as “part of life.” While incarceration is intended as a punishment for a crime, it’s still against the law to commit another crime against a prisoner. Call the Civil Rights Litigation Group today at (720) 515-6165. We offer you a free consultation to discuss your case with us, and will work to represent you and defend your civil rights, even while in prison.
Jul 31, 2018 | Civil Rights Law, Police Misconduct
As a diverse and progressive city, Denver has a lot going for it. One of the more welcoming cities in the west, there are friendly people and something for just about everyone, including the LGBT community.
But the dark side of Denver involves something not so welcoming: police brutality.
Most police officers do their job every day, and no one ever hears about them. Unfortunately, there are more than a few “bad apples” that give everyone in law enforcement a bad name.
What is police brutality?
When a police officer (or multiple officers) use more physical force than necessary to respond and control a situation. This can include physical force on handcuffed or otherwise restrained individuals, unnecessarily injuring someone in their custody, as well as firing a weapon when unneeded. Police brutality can take a number of different forms and includes any improper or illegal activities connected with official duty.
Denver law enforcement officers have a sworn duty to protect all individuals from any constitutional violations that another law enforcement officer may inflict on an individual in their custody (or anyone else.) If a law enforcement officer witnesses another officer violating a private citizen’s constitutional rights, he or she may be guilty of failing to get involved.
The first step: Take care of yourself first
If you’re injured after an interaction with the police and believe you are the victim of police brutality, take these steps to get started on filing your complaint
- Get medical attention
- Photograph and document your injuries
- Write down everything, in as much detail as you can
- Are there witnesses? Get statements and any video or other recordings they may have of the incident
- ·Gather any other evidence that you may have, and keep it in a safe place, i.e., damaged clothing, cell phone, etc.
The second step: Filing a complaint
Reporting police brutality is the first step in doing something about it. The Denver Police Department website has a contact form that one can file their complaint immediately.
The Colorado Division of Civil Rights, which includes the Civil Rights Commission, has an entire website of information and resources to help you file a complaint. The DCR also offers alternative dispute resolution (also known as “mediation”) to assist with resolving conflicts and potentially avoiding court hearing and litigation.
The American Civil Liberties Union (ACLU) also offers helpful information on their website about dealing with law enforcement. They may also be able to offer limited legal assistance for your case.
You should also contact an attorney who specializes in civil rights violations to help you file your complaints and pursue justice.
Police brutality is against the law
The police do not have the right to deny you the constitutional rights you have. If the police have violated your rights (or even caused injuries), we’re here to help you recover for your damages, help you heal from any injuries and make sure justice is rendered. A civil rights attorney will aggressively defend you in court and fight for your rights, and if necessary, clear your name.
If you or a loved one are the victims of police brutality or other law enforcement abuses, call the Civil Rights Litigation Group at (720) 515-6165 or use our online contact form. Schedule your free consultation with a Denver discrimination attorney today.
