Jan 18, 2023 | Discrimination, Employee Rights
In 2022, Colorado passed HB 22-1367 that made several updates to the Colorado Anti-Discrimination Act (CADA). Gov. Jared Polis signed the bill into law on June 8, 2022, with the changes to Colorado employment anti-discrimination laws taking effect on August 10, 2022. CADA makes it illegal for employers to discriminate against an employee on the basis of disability, race, creed, color, sex, sexual orientation, religion, age, national origin or ancestry. It also guarantees equal access to public accommodations and housing.
Changes to anti-discrimination laws
In 2022, the Colorado legislature updated CADA to include the following changes:
- Expands the definition of employee to include individuals in domestic service
HB 22-1367 expands the definition of employee to include domestic service workers, for the purposes of CADA. However, it also includes a provision that allows employers to consider the gender of an applicant when hiring childcare services.
- Extends the time limit to file a charge with the Colorado Civil Rights Division (CCRD)
Instead of 180 days, you now have 300 days from the time of the alleged discrimination issue to files a charge. This changes brings Colorado’s discrimination laws more in line with federal laws that allow people 300 days to file a complaint with the Equal Opportunity Commission.
- More consistent remedies for age discrimination cases
The new amendment repeals the prohibition in age discrimination cases against the relief and recovery of certain damages so that the remedies available in employment discrimination claims are consistent, regardless of the type of discrimination alleged. It also extends the time for the Colorado Civil Rights Division (CCRD) to investigate to 450 instead of 270 days.
What is the process for filing anti-discrimination complaints?
With all of these new laws, it is important to remember that there is a statute of limitations (time limit) from the date of the last alleged discriminatory and/or retaliatory act for when you must file a complaint:
- Employment filing deadline: 300 days from the act of alleged discrimination (possibly up to 300 days for federal matters)
- Housing filing deadline: one (1) year from the act of alleged discrimination
- Public Accommodations filing deadline: sixty (60) days from the act of alleged discrimination
Therefore, if you feel that you have been discriminated against, it is important to act fast. If you choose to file a complaint yourself, you can read the steps for the Complaint Process online with the Colorado Civil Rights Division, under the Colorado Department of Regulatory Agencies, or DORA. There are different filings that need to happen before these deadlines, so it is important to start as early as possible. And whether you file yourself or get legal representation, know that the Division has 270 days to complete their administrative process (with 90-day extension requests available to both parties) so it can take a while to resolve.
Who can help me with anti-discrimination lawsuits?
The other option is to consult an attorney who is experienced with not only the deadlines and filing procedures, but also all of the state and federal anti-discrimination laws that may apply to your case. If you believe you are the victim of discrimination, it’s important to act quickly and to gather as much evidence as you can, and then contact a local civil rights attorney who can advise you on your case. The Civil Rights Litigation Group has successfully handled many anti-discrimination cases over the past 10 years and we are 100% dedicated to civil rights issues. We offer free consultations so you can find out if you have a legitimate case. Please call us at 720-515-6165.
Call 720-515-6165 for a free consultation.
Nov 21, 2022 | Police Misconduct, Civil Rights Law
When people are brought in for questioning by the police, they are expected to tell the truth or get in trouble. But what about the officers questioning you — are they bound to be truthful? In Colorado and most states, the short answer is no. They can’t lie in every instance, and they can’t fabricate evidence (Florida v. Cayward, 1989), but most of the time it’s completely legal for them to lie so it’s important to remember this if you are ever interrogated. The Supreme Court ruled in Frazier v. Cupo (1969) that police officers can lie during an investigation as long as it does not “shock the conscience of the court or the community.” For instance, they can’t tell someone that they will lose custody of their children if they don’t confess (Lynumn v. Illinois, 372 US 528 (1963). But they most certainly can lie about a lot of things that can intimidate people into confessing to crimes they didn’t commit. And as long as the court determines that a confession was voluntary and not obtained through violence, the court could allow it.
So, what do the police lie about?
When interrogating someone, the police can use every psychological trick they have to elicit a confession. They can lie about evidence they have, such as telling you that they found your fingerprints at the scene or that you were caught on camera. They might tell you that other people involved have already confessed and have implicated you as well. They might say they have already spoken to your spouse or friend who believe you are guilty. If you take a polygraph test, they can lie and tell you that you didn’t pass. The important thing to remember in these cases is that they can lie about evidence, but they can’t fabricate it. So, if they tell you they have your fingerprints on something, ask to see it. If they tell you they have video of you at a crime scene, ask to see it. And if they show you evidence that you know isn’t real, they have definitely crossed a line. Another thing they cannot do is lie to you about your rights or tell you that incriminating statements you might give won’t be used against you. Miranda warnings (from Miranda v. Arizona, 1966) are required before police officers can legally interrogate you while you are in custody. Those warnings make clear that you have the right to remain silent and that anything you say can and will be used against you in a court of law. Thus, the best practice is almost always to exercise that right and remain silent.
There are a lot of ways the police can trick people into confessing to crimes, even ones they didn’t commit. And you may think that no one would ever admit to doing something they didn’t do, but the psychological pressure of an interrogation can certainly cause someone to do so. Because of this, it’s important to always remember that you have the right to be silent and the right to have an attorney present for questioning. Police might also tell you that you will get a lighter sentence if you confess now instead of waiting for an attorney, but cops don’t decide sentencing so always ask for and consult with a lawyer before believing anything police say.
It’s also important to remember than the police don’t have to read you your Miranda rights unless they take you into custody. So, if you are speaking with an officer at the scene of a crime and they suspect you may be involved, they can intentionally tell you that you are not under arrest in order to get you talking while not technically in custody or they could lie to you about any number of things in order to get you to keep talking before they place you in custody. And if you do so willingly, your statements can be used against you in court. So always keep your guard up if you are speaking to police and there is any chance at all they think you did something wrong. Obviously, you should help the police if you call them about a crime, and often it may be in the public’s interest to serve as a witness to a crime if you have valuable information, but always remember that being innocent isn’t a guarantee that you won’t be implicated in something.
Youth are even more vulnerable when the police lie
The worst part about all this is that in most states the police can lie to kids. Some states, including Colorado (https://leg.colorado.gov/bills/sb22-023), are currently trying to pass laws to stop this. The bill didn’t pass in Colorado this year but legislators are going to reintroduce it in the 2023 session. Kids are even more vulnerable to being intimidated by the police because they either fear or trust them — and the police will absolutely use this to their advantage. Juveniles are also much less likely to know their actual rights when being questioned so it’s easy for an officer to scare them into confessing to something they didn’t do. Our brains don’t fully develop until we are in our mid-twenties, so children and even teens don’t have the same decision-making or reasoning skills that are needed during an interrogation. But until the laws do change, officers are still able to lie to them so it’s important to teach kids what their rights are and how to deal with the police. We recommend readying your children as much as readying yourself for potential police interactions. Make sure they understand that if your children are stopped, they may request a parent, guardian, and/or lawyer be present for questioning, and obviously, they have the right to remain silent.
What are your rights during an interrogation?
The Fifth Amendment protects you from being forced to incriminate yourself and the Fourteenth Amendment prohibits coercive questioning by the police. So, if a confession is coerced or involuntary, it isn’t admissible in court. Also, if the police are going to take you into custody, they should inform you of your Miranda rights — but they don’t always do that. For a confession to be considered involuntary or coerced, usually, one or more of the following needs to have happened:
- The police deprived you of food, water or using the bathroom
- You were denied legal counsel
- The police promised you leniency or told you that your statements wouldn’t be used against you
- The police threatened you in some material way (other than threats to carry out the law)
- They physically harmed you or used a gun to intimidate you into confessing.
The court will also consider other factors such your age, the location and/or length of the interrogation, your mental health at the time, level of intelligence, or if your thinking was impaired due to intoxication. The main legal standard for proving an involuntary confession is whether the police used tactics that undermined your ability to exercise free will.
What can you do?
The most important thing you can do is be aware of your rights and choose to remain silent until you have legal counsel present when you are questioned by the police. They can’t use that against you, although many will lie and tell you that things will be better if you just talk to them — but don’t believe it. And if you were accused of a crime you didn’t commit and believe the police fabricated evidence against you, it’s important that you contact an attorney who specializes in civil rights and dealing with the police. Call us for a free consultation.
Call 720-515-6165 for a free consultation.
Jul 25, 2022 | Police Misconduct, Civil Rights Law
Anyone who’s watched a cop show has likely heard of Miranda rights. At some point during an arrest, you’ll hear the officer say, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” The wording might vary slightly from state to state, but the message is the same: the police can’t force you to answer their questions. You have the right to remain silent to avoid incriminating yourself, something every lawyer constantly reminds their clients to do.
Miranda Rights became law in 1966 as a result of the United States Supreme Court (SCOTUS) case of Miranda v. Arizona. The Miranda warning — that officers are supposed to read to anyone being arrested — is intended to protect your Fifth Amendment right to refuse answering self-incriminating questions. Now, it’s important to remember that Miranda rights only take effect after you are placed under arrest. Before that, the officers can ask you anything. Officers should, but aren’t compelled to let you know that answering their questions outside an arrest is voluntary. That is why attorneys always advise the best answer is simply, “My lawyer has advised me not to answer any questions without them present.” This is especially important if you think there is any chance at all that the police suspect you of committing a crime. Even when you aren’t – are you confident that you know all of the laws and that you have not violated any law? Keep in mind Congress passes a new book of laws every single year. With that happening, even a lawyer might have trouble keeping up with every new law that is passed. Can you ever really be sure you have not violated a law? Can anyone?
What if an officer doesn’t read you your Miranda rights?
If you aren’t read your Miranda rights before officers question you while you are in custody (something called a custodial interrogation), then the state should not be permitted to legally use what you say afterward against you at trial. Statements made in response to police interrogation without a suspect being mirandized is commonly referred to as fruit of the poisonous tree. Recognizing that type of evidence is inadmissible at trial is supposed to be the main catalyst for ensuring cops read that warning at an appropriate time because otherwise they risk losing the case and letting a supposed criminal go free — what’s the point of getting a confession from someone if it becomes inadmissible at trial?
However, just because they are required to inform you of your Miranda rights doesn’t mean they always do. The police are very skilled at trying to get information out of people and not all of them play by the book. If they believe you are guilty of something or know something, they will use every trick they know to get that information out of you, including psychological and sometimes even physical tactics. And sometimes, they don’t read you the Miranda warning. If that happens to you, you should absolutely get a good criminal defense lawyer and challenge the admissibility of the evidence.
The new SCOTUS ruling on Miranda rights
On June 23, 2022, the Supreme Court ruled in Vega v. Tekoh that if an officer doesn’t read you your Miranda rights, you cannot sue them for money damages. Basically, this means that you have no civil recourse against them if you end up having to stand trial because you were detained or prosecuted based on something you said without knowing your rights. So, even if you end up spending time in jail, losing your job, losing your reputation, and who knows what else based on ill-gotten evidence, you can no longer file a civil suit to recoup damages based on a Miranda violation. The cops may have violated your rights, but your only avenue for relief is to get the evidence suppressed in your criminal case.
That is important because before this, some jurisdictions allowed people to sue officers for violating this important civil right. Section 1983 of U.S. Code broadly authorizes civil rights lawsuits against state and local officials responsible for the “deprivation of any rights … secured by the Constitution.” Without that protection, there’s very little chance officers will face any punishment for not issuing Miranda warnings to suspects before interrogation because history has shown that police departments rarely punish their own. In fact, Supreme Court Justice Elena Kagan warned in a dissent that the Supreme Court has effectively created a new legal immunity for cops accused of violating a suspect’s Fifth Amendment rights.
Now, this ruling doesn’t mean that the evidence the cops get after speaking to you without reading your rights can be used in court, but that only comes into play if you actually know about those rights to begin with. And that is what has civil rights attorneys worried. If an officer believes a suspect doesn’t know about or understand Miranda rights, then what’s to stop them from not reading them to a suspect at all? Quite often, younger suspects or those with mental challenges may not understand their rights and will end up incriminating themselves without knowing they had another option.
And this is why, as The Clash has sung, it’s always important to know your rights.
What can I do to if the police violated my rights?
Just because you can no longer sue the police for not reading you your Miranda rights doesn’t mean you can’t sue them for other civil rights violations. If you believe you are the victim of police misconduct, such as unlawful arrest, wrongful prosecution, or excessive force it’s important that you contact a civil rights attorney as soon as possible because there are time limits to filing those claims (typically two years from the date of the incident). The Civil Rights Litigation Group has prevailed in many cases against the police in Colorado for violating people’s rights. Give us a call for a free consultation – 720-515-6165.
Call us at 720-515-6165.
Related blog posts:
Fighting back against malicious prosecution
Record the police and protect your rights
Know your rights when questioned by the police
Police misconduct and your civil rights
Wrongful arrest? Here’s what you need to prove
Jun 12, 2022 | Police Misconduct, Constitutional Rights
In a nutshell, Malicious prosecution happens when someone — either a police officer or a private citizen — maliciously causes judicial process to commence (often through criminal charges or a civil lawsuit) against you without evidence or probable cause, and with malice. If this has happened to you and the case was decided in your favor, you may be able to file a malicious prosecution lawsuit against that party if you suffered any damages. The laws are slightly different based on whether a federal claim or a state claim is pursued, and whether a government official or private citizen caused the harm. Generally, the claim was put in place to prevent abuse of the legal system. For both federal and state claims in Colorado, you have two years to file a lawsuit for malicious prosecution, which time period begins when the case that was wrongfully initiated is terminated in your favor (i.e. when the case against you is dismissed).
What is required to sue a police officer for malicious prosecution?
The main requirement when filing a malicious prosecution lawsuit is being able to prove that the case against you was filed without an adequate evidentiary basis (usually, without probable cause) and that it was brought maliciously. Maliciously means that the officer knew or had clear and obvious information that showed you did not commit the crime, but charged you anyway, with reckless disregard for the truth. Malice can also mean the officer charged you because of their own ulterior reasons — a reason other than to bring a guilty offender to justice. For example, a police officer might charge you with something you didn’t do because you threatened to turn them in for abusing their power or violating a law. Or they might file false charges for discriminatory reasons based on race or gender. Or they could charge you with resisting arrest or obstruction to attempt to justify/cover-up their own illegal use of excessive force. Whatever the reason, these kinds of charges may violate your Fourth Amendment rights against illegal search and seizure, and unlawful imprisonment.
In order to file a malicious prosecution claim against law enforcement officers under the Fourth amendment, you must be able to prove five things (Wilkins v. DeReyes, 528 F.3d 790, 799 (10th Cir. 2008):
- The officer caused or continued to cause you to be confined (imprisoned) or prosecuted.
- No probable cause supported the original arrest or continuing prosecution.
- The criminal case ended and was decided in your favor.
- The officer acted with malice.
- You sustained injuries as a result.
What damages can you claim from malicious prosecution?
Even if the charges filed are baseless, you still must defend yourself against them and that costs time and money. Court cases can drag on for years and attorney fees can pile up. And even if you win the case or it get dropped, you still (in most cases) must pay your lawyer.
Additionally, you might face public shaming and scrutiny because of the charges. Say a police officer falsely charges you with having illegal drugs in your car. Even if the case is decided in your favor, there may have been press on the case that has damaged your reputation and lost you clients. If you spent time in jail because of the charges, you probably suffered lost wages and maybe lost your job altogether. Again, these cases can often drag on for years and you could suffer emotional damage as well as professional and financial damages.
Either way, the malicious charges have harmed you and you have a right to seek compensation for that.
Suing prosecutors for malicious prosecution
It is much more difficult to sue prosecutors for malicious prosecution because they are protected by prosecutorial immunity laws that shield them from lawsuits. These laws are designed to enable them to do their job without constantly worrying that they are going to be sued by every defendant. But there are limits to those laws and if you can prove that a prosecutor acted outside the scope of their prosecutorial decision-making and didn’t have probable cause for charges to be advanced against you, you might have a case. However, such claims are most often filed against the involved officers — who gather and present evidence at the time of arrest — and not the prosecutors.
In 2020, Colorado passed a law that allows for a state-based causes of action for civil rights violations without qualified immunity protection for police officers and now some lawyers and lawmakers are pushing for a limit to prosecutorial immunity protections as well.
An example of a malicious prosecution case
In February 2017, Juan Valenzuela was accused by Denver Police of using a fake ID while attempting to catch a flight at Denver International Airport. The ID had been through the wash so it was slightly damaged, but it was not fake. Valenzuela worked as a prison guard and offered other forms of ID, including his work ID that had a photo. He even had his supervisor at the prison call and verify his identity. But the officer simply decided that the ID felt fake and arrested Valenzuela without doing the proper research. Valenzuela spent a couple days in jail and then lost his prison job because the Denver DA decided to prosecute him and the prison couldn’t employ him until the felony case against him was resolved. It was several months before the prosecution did the necessary research and determined that his ID was valid and dismissed the case. By this time, Valenzuela has suffered financial losses from being out of work and emotional stress as well. The Civil Rights Litigation Group represented him in his case against the Denver Police officer and he was awarded $500,000.
How do you fight back?
If you have been wrongly prosecuted and believe your case meets the requirements, you should contact a Colorado attorney as soon as the wrongful case against you has been dismissed in your favor. Do not take a plea bargain if you believe the charges are without basis, as that would not lead to the required “favorable termination.” Call and seek advice if you are unsure whether a criminal resolution you have been offered will fit within the requirements to preserve your case.
The Civil Rights Litigation Group has successfully fought malicious prosecution claims many times before and can help you vindicate your rights while seeking damages. Call us for a free consultation.
Call 720-515-6165 for a free consultation.
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Related blog posts:
Know your rights when questioned by the police
When is recording conversations legal in Colorado?
Police misconduct and your civil rights
How do I fight illegal search and seizure in Denver?
Apr 19, 2022 | Constitutional Rights, Police Misconduct
One of the best things to happen for civil rights cases has been the cell phone video camera. Before cameras were in every cell phone, cases against the police often came down to “he said, she said” and the courts and juries often sided with the police. Eyewitnesses can be mistaken but videos rarely lie. If you are ever in a situation with the law, take the opportunity to respectfully record the police and protect your civil rights.
Is it legal to record the police?
If you are in a public place and don’t do anything to interfere with the police, the First Amendment gives you the right to record them while they are working. Not only is it about your personal rights, but it also involves the public’s right to know how public servants are behaving on the job. For example, in Fields v. City of Philadelphia, the Third Circuit Court of Appeals affirmed the right to record. “We ask much of our police. They can be our shelter from the storm,” wrote Judge Thomas Ambro. “Yet officers are public officials carrying out public functions, and the First Amendment requires them to bear bystanders recording their actions. This is vital to promote the access that fosters free discussion of governmental actions, especially when that discussion benefits not only citizens but the officers themselves.”
While the right to record the police has not yet been affirmed by the Supreme Court, a prevailing weight of the academic and legal community have affirmed it, including six out of 12 circuit courts in the U.S. These and many other district courts have recognized this right and agree that recording the police is legal under most circumstances. Cases are currently before other circuit courts, including the Tenth Circuit Court of Appeals, to address the issue and will likely lead to full consensus. The Civil Rights Litigation Group currently has several cases that rely on the prevailing weight of circuit authority in asserting the right.
Why should we record the police?
The videos that have come out in the past few years have shed some much-needed light on the actions of the police and their willingness to lie to protect themselves. The George Floyd case is a perfect example as the initial police reports paint a very different picture than what was shown in the videos. Had the incident not been recorded, it’s possible that those officers would still be on duty. The videos taken that day not only showed the public the truth but ended up being instrumental in the officers being held accountable for Mr. Floyd’s death.
When is it legal to record the police?
There are two places where you have the right to record the police: when they are on public property or when they are on your personal property. When a police officer is in public, they have no expectation of privacy and therefore you have the right to record their actions so long as you don’t harass them or obstruct them in any way. It’s best to quietly stand on the sidelines at least 15 feet away so that there is no reasonable argument that you are somehow interfering with their duties. There have been several cases where courts have ruled people can secretly record the police, but clearly exercising your right with a phone in clear view may also deter them from coming after you. When you record police, it is always best to do so safely.
It’s also important to note that you can only record the police when they are on duty. If you happen to see them off duty but in public, don’t record them. Like you, they have some rights to privacy when they aren’t working.
What to do when you record the police
- Most important, do not interfere with them at all. Keep a safe distance away and don’t harass or yell at them. If an officer asks you to move back, take a few steps backward to demonstrate that you intend to record without interference.
- Keep your phone in full view so they are aware they are being recorded. People tend to behave better when they know their actions are being recorded and it’s better to prevent bad behavior than go to court over it, unless your purpose is to catch them lying or engaged in unlawful behavior.
- Stay calm and courteous. Remember that anything you say will also be recorded. On that note, try to stay as quiet as possible so that any audio of the police can be heard on the recording.
- If the police ask you to move for safety reasons, comply but keep recording. Ask them why you are being asked to move and how much the officer is asking that you move so that it is recorded and noted that you are obeying them. Again, remember to stay calm and courteous.
- Barring extenuating circumstances, remember that a police officer cannot search your phone without a warrant, even if they arrest you. You are not required to give them your password or delete anything just because they tell you to.
- If it looks like the police might confront you about your recording, email it to someone you trust immediately. This way you can preserve a copy of it in case they do try to delete it. Don’t email it to yourself because they could delete that from your phone if they gain access to it. Instead, email it to a family member or friend you trust.
- Know when to walk away. Remember that just because you have the right to record them doesn’t mean they might not still act out against you. If they order you to do something, don’t put yourself in danger just to make a point. But suppose they do take action against you. In that case, it may be even more important to keep recording so that you can prove that they forced you to stop recording, turned off your phone, took your phone, or otherwise did something that would chill a person of ordinary firmness from exercising their First Amendment right to record.
- Finally, if you do end up recording something important, don’t post it online or on social media because it could end up hurting the case. It’s best to show it to an attorney first because they will know how to use it and how to properly get the media involved without risking libel or slander.
What to do if your rights have been violated by the police
If the police have mistreated you or violated your civil rights, it’s important to speak to an attorney who is familiar with these kinds of cases and dealing with the police. The Civil Rights Litigation Group has handled numerous cases involving police misconduct and we know how the system works. Call us for a free consultation and we can discuss your case.
Call 720-515-6165 for a free consultation.
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Related blog posts:
Know your rights when questioned by the police
When is recording conversations legal in Colorado?
Police misconduct and your civil rights
How do I fight illegal search and seizure in Denver?
Jan 26, 2022 | Discrimination, Constitutional Rights, Employee Rights
Regardless of whether you are a member of a protected class or not, it’s important to understand the anti-discrimination laws and how they have changed over the years. In Colorado, the main one is the Colorado Anti-Discrimination Act (CADA). It originally passed in 2013 and additions to it went into effect on January 1, 2015. The main difference between CADA and the federal anti-discrimination laws is that CADA applies to all Colorado employers no matter how few employees they have. Most of the federal laws only apply to employers with at least 15 employees.
What does the Colorado Anti-Discrimination Act cover?
The Colorado Anti-Discrimination Act makes it illegal for employers to discriminate against an employee on the basis of disability, race, creed, color, sex, sexual orientation, religion, age, national origin or ancestry. It also guarantees equal access to public accommodations and housing. Public accommodations include most businesses that offer products or services to the public, such as restaurants, retail stores, health clubs, and even hospitals and clinics. In Colorado, it’s illegal for one of these places to deny someone the available goods and services because they are a member of any of the protected classes listed above. The part of the law that covers housing protects those same people from discriminatory financing, refusal to rent, unequal terms and conditions, failure to provide reasonable accommodations for disabilities, and retaliation for exercising these rights.
Some of the changes that were added in January 2015 include:
- Employees can now file discrimination lawsuits under state law vs. federal law.
- In addition to back pay and equitable relief (i.e. reinstatement), employees can now seek to recover punitive and compensatory damages such as emotional pain and suffering, mental anguish, loss of enjoyment of life, inconvenience and other losses not directly relating to or consisting of money (a.k.a. non-pecuniary losses).
- The courts now have the discretionary power to award aggrieved employees attorneys’ fees, as well as various fees and cost associated with the actions.
- Employers may be awarded attorneys fees and costs, but only if the court deems the case to be groundless, vexatious, or frivolous.
- Either the employer or the employee can now demand a jury trial.
- To be more in line with federal age discrimination law, there is no longer a maximum age for employees to make a discrimination claim.
What is the process for filing anti-discrimination complaints?
With all of these new laws, it is important to remember that there is a statute of limitations (time limit) from the date of the last alleged discriminatory and/or retaliatory act for when you must file a complaint:
- Employment filing deadline: six (6) months from the act of alleged discrimination (possibly up to 300 days for federal matters)
- Housing filing deadline: one (1) year from the act of alleged discrimination
- Public Accommodations filing deadline: sixty (60) days from the act of alleged discrimination
Therefore, if you feel that you have been discriminated against, it is important to act fast. If you choose to file a complaint yourself, you can read the steps for the Complaint Process online with the Colorado Civil Rights Division, under the Colorado Department of Regulatory Agencies, or DORA. There are different filings that need to happen before these deadlines, so it is important to start as early as possible. And whether you file yourself or get legal representation, know that the Division has 270 days to complete their administrative process (with 90-day extension requests available to both parties) so it can take a while to resolve.
Who can help me with anti-discrimination lawsuits?
The other option is to consult an attorney who is experienced with not only the deadlines and filing procedures, but also all of the state and federal anti-discrimination laws that may apply to your case. If you believe you are the victim of discrimination, it’s important to act quickly and to gather as much evidence as you can, and then contact a local civil rights attorney who can advise you on your case. The Civil Rights Litigation Group has successfully handled many anti-discrimination cases over the past 10 years and we are 100% dedicated to civil rights issues. We offer free consultations so you can find out if you have a legitimate case. Please call us at 720-515-6165.
Call 720-515-6165 for a free consultation.
Related blog posts on this topic:
How to spot workplace discrimination
Speaking up about workplace discrimination
Sexist language and subtle discrimination
Is there such a thing as pregnancy discrimination in the workplace?
I filed an age discrimination lawsuit: What questions will I be asked?
What proof do I need for age discrimination lawsuits in Colorado?
What is the burden of proof in a religious discrimination lawsuit
Discrimination in Denver
Is it discrimination? A few questions you need to ask
Dec 29, 2021 | Discrimination, Employee Rights
Workplace discrimination can take a variety of forms that may not always be easy to spot. But before we get into the details of how to spot workplace discrimination, it’s important to understand exactly what discrimination is. Simply put, discrimination means treating someone differently based on — or because of — their protected class characteristics (i.e. things like sex, race, age, religion, disability, etc.). We’ve all likely experienced some form of discrimination at some point or another in our lives, whether it be in the form of racism, sexism, ageism, or the many other ways that people are unfairly judged based on an aspect of themselves they cannot change. Disparate treatment based on a protected class characteristic is against the law. And while things have improved over the years, discrimination unfortunately still sometimes happens … especially in the workplace.
What laws protect you against workplace discrimination?
There are many federal laws that protect you from workplace discrimination, including but not limited to:
The basic idea of these combined laws is that employers must treat all of their employees equally regardless of sex/gender, age, race, religion, national origin, pregnancy status, disabilities, etc. They are not allowed to make employment decisions such as hiring, firing, promotions, assignments, or discipline based on these factors. The laws also prohibit retaliation and harassment, including sexual harassment. Federal laws apply to employers with 15 or more employees (the ADEA requires a minimum of 20), but many states have additional laws that extend these protections to employers with fewer employees. In Colorado, the Colorado Anti-Discrimination Act (CADA) and the Pregnant Workers Fairness Act (PWFA) protect employees who work for employers with less than 15 employees and, often, include even more expansive protections than does federal law.
What does workplace discrimination look like?
Discrimination can take many forms but there are certain behaviors and situations that you should keep an eye out for as red flags that might be indicative of discrimination.
Unequal pay: If two employees (or groups of employees) have the same skills, abilities, qualifications and performance and are doing the same (or comparable) job, but one is being paid more simply because of other differences, that may be a sign of discrimination. Whether those differences are based on gender, race, age, or any other protected class status — it’s not right and may be actionable. This is one of the most obvious and recognizable signs of discrimination, so if you suspect something may be amiss between you and other employees’ pay, consider asking what others in similar roles are being paid as compared to you.
Pay secrecy policies: To protect employees who inquire into the compensation they and their coworkers are making, the National Labor Relations Act of 1935 prohibits private-sector employers from enacting pay secrecy policies that try to stop employees from discussing their pay with each other. In 2014, President Obama signed an executive order that prohibits such discussion for federal contractors as well. If such policies exist, they are likely to be unlawful and/or unenforceable.
Lack of Diversity: Are all the employees at your company the same race? Is everyone under 40 even though there are plenty of jobs that could be performed by older people? Are all the female employees childless, which could indicate pregnancy or familial preference? If so, these types of patterns may be indicative of discrimination. The more obvious the differences are, the easier this one is to spot. You can also look for signs of this kind of discrimination by looking at people in positions of leadership — are they all men or a certain race? If so, this could be a sign that the employer discriminates in its hiring practices or may consciously or subconsciously prevent members of protected classes from advancement. This could also be a sign that facially neutral policies are being applied (or being applied in a manner) that may have a disproportionate impact on people of certain protected classes.
Gender roles: In the not-so-distant past, it was totally acceptable for employers to hire specific genders for certain jobs, such as men being managers and women being secretaries. Unfortunately, this kind of discrimination still happens today and affects people of all protected classes. Much of this discrimination is based on stereotypes, such as hiring only men as car salesmen because “men know more about cars.” Or hiring women as receptionists because “women are more pleasant than men.” It could involve employers not hiring people of a certain race for a front desk position because they don’t want people with different accents greeting customers. Sometimes it’s subtle, like an employer only asking female employees to fill in for a sick receptionist or younger employees to do jobs involving technology.
Inappropriate questions, jokes, or communication: Everyone likes to joke around and be lighthearted at work occasionally, but if those jokes are levied at the expense of people of protected classes — such as sexist or racist jokes — it can be classified as discrimination. Also, it can be helpful to look at how supervisors communicate with the employees under them — are they condescending to certain genders or ages? Do they over-explain things to people of different races? Do they make unfounded assumptions about the trustworthiness of people of certain races? Do they express distrust for people of certain religions? These are the subtle forms of discrimination that may point to bigger problems.
Suspicious interview questions and hiring practices: During an interview, if you are asked questions about your health, age, plans on having a family, or other personal situations that have nothing to do with the job you are applying for, that may be a red flag. Some employers still look for ways not to hire women who may be planning on having children, or may already have several children, because those women sometimes need time off to care for their children. Employers may find tricky ways of asking about your age because your health insurance could cost them more or they might assume you are going to retire soon. If a potential employer asks inappropriate questions, it may be a sign to pass on that job or report the employer.
Unequal promotions and discipline: Are less-qualified male employees being promoted faster than more-qualified women? Are employees of a certain race given better jobs or opportunities for growth? Are older employees given less hours or given tasks that are below their skills? Likewise, are things equal with regards to discipline? Does your boss scold or punish the female employees for being late but let the men get away with it? If an employer only enforces certain policies with specific employees of a protected class, that can be an example of workplace discrimination.
Retaliation: If you feel that discriminated against, or that discrimination is impacting other employees, you have the right to complain and/or to seek changes for an equal opportunity workplace. If you decide to exercise your rights, the law prohibits your employer from retaliating against you, including for any of the following:
- Complaining to your employer or supervisor
- Filing a discrimination charge or lawsuit
- Resisting sexual harassment or advances
- Opposing discrimination or an unlawful employment practice
- Being a witness in someone else’s discrimination complaint or lawsuit
- Requesting an accommodation for a disability
- Assisting with a discrimination investigation
- Requesting information on your employer’s discrimination policies
All of these are considered protected activity and retaliation for them is against the law. Retaliation can take many forms such as termination, increased scrutiny, negative performance reviews, discipline, a change in job duties or reduction in hours, or almost any other form of threat or harassment that has a material effect on your job or ability to perform your job.
What should you do?
If you believe you are the victim of workplace discrimination or retaliation, it’s important to act quickly because there are time limits for when you can file a charge or a lawsuit. It’s equally important to gather as much evidence as you can and then contact a local civil rights attorney because they can advise you on all the laws in your city and state. The Civil Rights Litigation Group has successfully handled many workplace discrimination cases over the past 10 years and we are 100% dedicated to civil rights issues. We offer free consultations so you can find out if you have a legitimate case. Please call us at 720-515-6165.
Call 720-515-6165 for a free consultation.
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Related blog posts on this topic:
Speaking up about workplace discrimination
Equal pay for equal work is a law in Colorado
You have a right to your personnel files
Sexist language and subtle discrimination
Is there such a thing as pregnancy discrimination in the workplace?
I filed an age discrimination lawsuit: What questions will I be asked?
My company found out I’m a whistleblower and are now harassing me
What proof do I need for age discrimination lawsuits in Colorado?
Oct 13, 2021 | Constitutional Rights, Civil Rights Law, Discrimination
We often hear people talk about civil liberties and civil rights and how they are being violated, but do you actually know what they really are and what they afford you as an American? Simply put, they are the personal rights that are guaranteed by the U.S. Constitution and other federal laws enacted by Congress. They are designed to recognize the free-decision making required for individual autonomy and provide all Americans equal social opportunities and equal protection under the law regardless of race, religion, gender, age, or other personal characteristics. Aside from the rights and liberties expressly spelled out in the Bill of Rights, they include things like the Civil Rights Act of 1871, the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
In the U.S., federal and state law has been enacted to prohibit discrimination based on protected-class characteristics (such as race, color, religion, creed, national origin, ancestry, gender, sexual orientation, pregnancy, age, disability, etc.) when it comes to things like education, employment, access to public assistance and facilities, housing, or healthcare, just to name a few. The great thing about our Constitution and our system of laws is that it’s possible to make changes over time to correct or add things the original framers didn’t necessarily take account of or which were against social norms in the 1700s. One big example is slavery, which was still legal in 1776 and widely practiced in the South. That civil rights change only came about because of the Civil War and even then people have had to continue to fight so that people of color would eventually be given the same rights and the same treatment as others. Other civil liberties and civil rights have been secured either by new legislation or court cases providing precedence. But all of these require continued vigilance and enforcement through litigation.
What’s the difference between civil liberties and civil rights?
While the term “civil rights” generally refers to a broad scope of civil liberties and civil rights that persons in this country possess by virtue of restraint on our government, technically speaking, there are differences. Civil liberties specifically refer to basic freedoms enshrined in the Bill of Rights that create a space of freedom in which government actors are not supposed to encroach upon, while civil rights include not only space within which governmental actors should not encroach, but also affirmative laws that impose practical requirements to protect from discrimination. Many of your civil liberties are guaranteed by placing limits on what the government can do to you, such as limit your freedom of speech or imprison you without proper cause. Other civil liberties include the right to privacy, the right to remain silent, the right to a fair trial, and the right to vote, something that both women and people of color had to fight for as they were not similarly recognized in the original Constitution. Most recently, the LGBTQ community fought to guarantee the right to marry for same-sex couples, a civil liberty the original framers would likely not have ever formally considered.
Affirmative civil rights laws beyond those contained in the Constitution, such as Title VII, are designed to protect people from discrimination in not only the public sphere, but also the private sphere. For example, an employer (whether government or private corporation) can’t lawfully choose to promote only the men in the company, or layoff people just because they are over 50. Women can no longer be fired or denied promotions for getting pregnant; in fact, employers must accommodate pregnant women in the workplace. Your doctor can’t deny you medical care because they don’t like people of your race. And schools must provide a free education to all children in the U.S. and can’t segregate them into different schools. This is an example of a right that was won by a court case in 1954, Brown v. Board of Education.
Fighting for your rights
Fighting for our civil rights, broadly, is something we all must continue to do because our system of governance requires vigilant recognition of the boundaries of our common rights and increasing recognition of rights needed to address marginalized people in our society, methods of ensuring fair and equal treatment under the law, and enforcement through lawsuits, because, unfortunately, not everyone follows the law. Much of the civil rights fight happens in the political world, through voting, protests, and other methods of speaking out. The death of George Floyd in May 2020 brought about huge civil rights protests in many U.S. cities. Those protests brought about change and many states have passed new laws, such as requiring the police to wear cameras to accurately record what they do. As lawyers, we support, but cannot directly assist with political efforts. But when it comes to enforcement of the law, we have the tools necessary to sue, for example, employers that continue to find ways to discriminate and government agencies like police departments that continue to violate people’s civil constitutional rights on a daily basis. We are 100% dedicated to using the law to enforce your civil liberties and rights from those who would seek to violate them. We broadly refer to these collection as civil rights.
We can fight for your civil liberties and civil rights
If you feel that your civil liberties or civil rights have been violated, we may be able to help. Whether your rights were violated by means of discrimination, police misconduct, or any other manner, it’s important for you to contact an attorney that specializes in civil rights as soon as possible. Many claims have a statute of limitations or other procedural deadlines that waive your right to sue if you wait too long, so time is of the essence. The Civil Rights Litigation Group has handled many civil rights and civil liberties cases and we offer free consultations so you can find out if you have a legitimate case and/or if the attorneys here may be a good match to represent you in your case.
Call the Civil Rights Litigation Group at (720) 515-6165 or use our online contact form to schedule your free consultation with us today.
Call (720) 515-6165
Aug 28, 2021 | Civil Rights Law, Police Misconduct
At some point in your life, you will likely be questioned by the police, whether about something you witnessed or something you are being accused of doing. If you’ve witnessed a car accident or crime of some sort, you should give a statement to the police. But if there is any chance at all that they suspect you of something, it’s important to know your civil rights with regards to answering their questions. If the police believe you have information that they need, they won’t volunteer that information unless they are arresting you and reading your Miranda rights. They often count on people not knowing their rights when in these situations. The main thing to remember is that you have the right to remain silent and the right to have an attorney present, even if you aren’t being arrested.
The police also count on our basic human nature when it comes to answering questions, and in an interrogation room they know all the tricks. Here’s the problem: “When your brain is thinking about the answer to a question, it can’t contemplate anything else.” (“Want To Know What Your Brain Does When It Hears A Question?“, Fast Company) Once someone asks you a question, your brain immediately starts working on the answer whether you want to answer it or not. And our brains can only think about one idea at a time, so the police know that asking questions can mess with our thought processes. So the hard thing is knowing how and when to keep quiet even though your brain is focusing on nothing other than the questions the police are asking you.
The Fourth Amendment
“The 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.”
When being questioned by the police, the main thing that protects you is the Constitution, specifically the Fourth Amendment. The police need reasonable suspicion if they are going to stop you, whether you are driving or just walking down the street. If they want to arrest you or search your car, they must have probable cause. If they want to search your home, they need a warrant or exigent circumstances. If they don’t have any of these things, they must get consent and that’s why it’s important to know your rights and keep quiet. For example, just because the police pulled you over doesn’t mean they have the right to search your car so they’re going to try to get your consent. They often make it seem like no big deal and say something like, “Hey, do you mind if we take a quick look in your car?” When you think you haven’t done anything wrong, your defenses are down and you aren’t thinking about protecting yourself. And sometimes they will take the assumptive approach and just tell you that they are going to search your car, knowing that a lot of people will just let them. So remember never to consent to a search even if you are innocent. If they try to give you a hard time about it, just tell them that your lawyer told you to never consent to a search without a warrant.
How to act while being questioned by the police
The main thing to do when being questioned by the police is remain calm and respectful. The police will often try to say or do things to make you angry or even scared because they know that’s when people lose control and end up saying things they shouldn’t. Your actions while angry could also give them probable cause to do a search so do everything you can to remain calm and in control. And definitely resist the urge to argue with them because they are very well trained in that art form and it rarely ends well for you.
Once you are calm, simply ask the officer if you are being detained. If they say no, ask if you are free to leave. If they say you are, then simply walk away. Don’t run or do anything to escalate the situation, and don’t taunt them or respond to their taunts. If the police suspect you of doing something or believe that you have information they want, they will continue to try to get you to react in some way that gives them reason to detain you.
What to do if you are detained
Being detained is not the same as being arrested, but that can still happen so it’s vital to know your rights. If they say you are being detained, ask for how long. They can’t detain you for an unreasonable amount of time without probable cause so this is an important question to ask because it lets them know that you are aware of this right. Once they tell you how long you are being detained, ask them why. Again, you have a right to know why they are detaining you and they must have reasonable suspicion to do so.
Another important thing to remember when being detained is that you also have a right to know the officer’s name and badge number. Most Colorado law enforcement agencies require the officer to give you their business card when requested. In addition, they can’t retaliate in any way just because you asked them for this information.
If you are pulled over and then detained, they will often ask if they can search your car. Ask if they have a search warrant and if they say no, calmly say that you do not consent for them to search your car. Once again, it’s important to be respectful and stay in control so that you don’t give them a reason to do a search. When being detained or even just stopped on the street, many states allow officers to do a pat down to be sure you aren’t carrying any weapons, but any search beyond that requires a warrant, exigent circumstances, or your consent — so don’t give that to them.
While you are detained and being questioned by the police, the main thing to remember is that you have the right to remain silent. Aside from telling the officer your name and possibly your address, you don’t have to answer any other questions. If you are being detained after a traffic stop, you are required to provide insurance and registration in addition to your ID, but you are still not required to answer any other questions like where you are going or what you are doing. However, you do have the right to ask questions so don’t be afraid to ask them why they stopped you, why they are questioning you, and if you have the right to leave.
Many innocent people are in prison simply because they started talking to the police. We wrongly believe that only guilty people stay silent and that the innocent will always try to help by answering questions. In fact, the police will use this against you and often say something like, “If you haven’t done anything wrong then you don’t have anything to fear.” They know it’s in our nature to answer questions, especially if we don’t think there’s any harm in doing so. But if the police have detained you then they already suspect that you are guilty of something so don’t give them any help in that regard. If they arrest you, they will often read you your Miranda rights and remind you of that — but not always — so remember that you still have that right even if you are only being detained. It’s also important to remember than choosing to remain silent does not give them probable cause to do a search. So stay calm and shut up. And if for some reason you do decide to talk, you have the right for an attorney to be present so request that before saying anything.
Were your rights violated while being questioned by the police?
If you believe that your rights were violated then it’s important that you contact a civil rights attorney who is experienced in dealing with the police. We work diligently to ensure police accountability and fight those who violate your civil rights. For a free, no-obligation consultation with the Civil Rights Litigation Group, contact our Denver CO law firm today at (720) 515-6165 or use our online contact form.
Call 720-515-6165
Additional Resources:
What Does the Fourth Amendment Mean? (uscourts.gov)
Know Your Rights (ACLU)
Police misconduct and your civil rights
Police accountability improving in Colorado
Jul 26, 2021 | Employee Rights, Civil Rights Law
While gathering evidence and documentation is necessary for your workplace discrimination case, the first step is often the hardest for most people to take: say something. If you feel you are being discriminated against for any reason, the most important thing is for you to make it officially known to your employer that you feel this way, in writing. Every company has their specific policies, whether it be filing an official report or speaking with a specific person, so if you aren’t sure consult your employee handbook or ask someone in the human resources department to find out what steps you need to take. If you don’t have an HR department and it isn’t specified in your employee handbook, just start with your immediate supervisor. Send an email, a letter, or a fax, however you choose to do it, make sure you complain in writing and make sure that you make it clear you believe you have been discriminated against due to your protected class status.
Workplace discrimination: Make it official
Now, a lot of people are probably wondering why you should let your employer know you feel this way, after all, its probably not the most comfortable conversation you can imagine. But there are many reasons why it is to your advantage to do this. The first reason is that sometimes talking about an issue can help resolve it. It’s possible your employer didn’t realize they (or another employee) were doing something that either made you feel uncomfortable or made you feel you were being treated differently than other employees. If you talk to them about it, they might be willing to address the issue and make things better without getting lawyers involved. This is certainly the easiest and quickest outcome you can hope for and could lead to you enjoying your job again and moving forward.
However, we all know this isn’t always the case so the second reason it’s important to speak up or file an official report is to create a paper trail. Once you file your complaint, any adverse action your employer takes against you after that may count as retaliation, which is illegal. According to the EEOC, “Participating in a complaint process is protected from retaliation under all circumstances.“ Whether it be termination, a demotion, discipline, or even a significant schedule change, it is illegal for them to treat you differently simply because you have raised a complaint. And if these actions do occur, they are great evidence for a discrimination and/or relation lawsuit.
One last thing to consider is that raising a complaint can also help you keep your job longer. Most HR representatives know the laws regarding retaliation, so it is less likely your boss’s boss will approve termination or other adverse employment actions against you once you raise a good-faith complaint. While termination may still be inevitable, this could help bring attention to illegal conduct and provide you and others interested in ensuring an equal opportunity workplace necessary time to gather more evidence.
How do I prove retaliation in workplace discrimination cases?
Once you file your complaint — a protected activity — your employer is not allowed to retaliate against you because of it. However, if you do something wrong, they are still allowed to address that behavior how they normally would (i.e. cutting your pay for being late). “In a case alleging that an employer took a materially adverse action because of protected activity, legal proof of retaliation requires evidence that:
- An individual engaged in prior protected activity
- The employer took a materially adverse action
- Retaliation caused the employer’s action.” (EEOC website)
The last one isn’t easy to prove, but it’s one more reason why you want to make your complaint official, to show a timeline of events. If you are now being punished for something that you and other employees have done in the past without consequence, that can help prove retaliation by helping to show that you are being treated differently than similarly situated others have been treated in the past.
Gathering other evidence for your case
Never forget that the best time to gather evidence on workplace discrimination is while you are still employed. If you happen to get terminated, you still have the right to obtain your employee files (See our previous blog post: You have a right to your personnel files) but that won’t include everything, just official documents like performance reviews, official discipline, or other official actions. So, in addition to filing an official complaint, remember to save anything that could be used to show how you are being treated or patterns in your employer’s behavior. One easy thing to do (so long as you do not violate any company policy) is to blind copy (BCC) your personal email address. This is a great way to have backup copies of any important emails that tend to show discriminations because typically you won’t be able to access your work email account after you are terminated. You can also just forward emails as well. And don’t just keep copies of emails that might show discrimination but also ones where your employer praises you, or ones where other employees thank you for doing something. These can help prove you were a good employee if they suddenly start giving you bad performance reviews or otherwise try to falsely claim that you were a bad employee before you started complaining about discriminations. And if your supervisor gives you cards or notes with praise, save those too. You never know what could end up helping prove your case.
Who can help you fight workplace discrimination?
If you ever feel you are being discriminated against at your job, it’s important to speak to someone as soon as possible. Very often you must file an official complaint before your employer can be made liable and there are important deadlines to filing claims with state or federal agencies. Finding the right civil rights attorney is key. The Civil Rights Litigation Group has successfully handled many workplace discrimination cases over the past 10 years and we are 100% dedicated to civil rights issues. We offer free consultations so you can find out if you have a legitimate case. Please call us at 720-515-6165.
Call 720-515-6165 for a free consultation.
____________________________________________________
Additional resources on workplace discrimination:
Questions and Answers: Enforcement Guidance on Retaliation and Related Issues, https://www.eeoc.gov/laws/guidance/retaliation-qa.cfm.
Discrimination, Harassment, & Mistreatment, https://cdle.colorado.gov/wage-and-hour-law/termination/discrimination-harassment-mistreatment
