Getting older is fraught with different issues, such as health and finances. But one of the most difficult to deal with is the one form of discrimination nobody wants to talk about: ageism, or age discrimination.
Ageism and age discrimination
Discrimination against individuals based solely on their age is all but accepted and acceptable, especially in the workplace. Terms like geezer, senior citizen, and other derogatory terms along with unflattering media images enforce the negative stereotyping that comes with getting older.
Mark Zuckerberg once stated, “Younger people are smarter.” But is it true?
Stereotypes, learned ageism, and other factors have kept organizations like the American Association of Retired Persons (AARP) working to protect the rights of individuals over the age of 40 from being ignored and violated. In Colorado, the unemployment rate is one of the country’s lowest, one third of the state’s population is over the age of 50. But it hasn’t stopped anyone from being subjected to ageism, even in a labor market that’s hiring.
Incorrect stereotypes are partly responsible. Misconceptions about older workers include:
They’re not up on new technology, including smartphones, can’t use it and are afraid of it
They’re not willing to learn and accept change
They can’t keep up with younger workers
They’re sickly, unhealthy and have lots of health problems.
But studies into modern aging show that these are incorrect. Workers over 50 are more engaged, have greater levels of experience and low turnover rates. There are other benefits to hiring older workers as opposed to someone who just graduated from high school or college as well, like reliability.
That still doesn’t help when you find yourself terminated or unemployed over 50 and unable to find another job.
Age discrimination in Colorado
More than 20% of all workers in the US are over the age of 55, more than 33 million people.
The Age Discrimination in Employment Act of 1967 (ADEA) makes it illegal for private employers and governmental agencies to discriminate against workers over the age of 40.
Colorado also has its own Anti-Discrimination Act prohibiting ageism and discrimination as well as other factors. However, federal anti-discrimination laws includes employers with 15 or more employees. Colorado’s civil rights statute includes all employers, regardless of size or number of employees.
While it most often is inflicted by supervisors or managers, age-related comments by any employees that create a hostile work environment can be considered age discrimination and/or harassment.
The AARP reports that 1 in 5 claims made to the EEOC are specifically for age discrimination. Individuals born between 1946 through 1964, the so called “baby boomers,” are the fastest growing group filing these claims.
The AARP also reports that nearly 66% of older adults have either experienced or witnessed ageism and discrimination in the workplace.
Lack of employment is one of the biggest indicators of age discrimination in Colorado and nationally: although it is still legal for an employer to ask your birth date or date of graduation, it’s not legal to use it in a hiring decision. Still, job seekers over 50 are routinely not hired, passed over for promotion, or outright laid off and/or fired.
Age discrimination can happen at any age
Ageism and discrimination isn’t always about someone over 50 — it can also happen to women of childbearing age.
Refusing to hire women who “are able to get pregnant” is not only age discrimination, it’s also a form of gender discrimination. It’s also illegal to fire a female due to her pregnancy.
How can I fight back?
If your employer asks you to sign an ADEA waiver, speak to an attorney before you do.
You can fight against age discrimination, but it is a long, arduous fight. You can file an EEOC claim, but before you do, consider talking with a Denver, CO civil rights attorney who specializes in age discrimination.
Proving age discrimination can be difficult. The Civil Rights Litigation Group is dedicated to ensuring that every Colorado resident is protected from discrimination and other civil rights violations. Call today for your free consultation, or use our online contact form to schedule your appointment.
A police officer stops you after you didn’t see a stop sign. He asks for your license and registration (or insurance.) You comply with the officer, but a few minutes later, drug-sniffing dogs are inside and around your car. What brought this on? Is it illegal search and seizure?
What is illegal search and seizure?
In simple terms, it means a search and seizure conducted by law enforcement with neither probable cause that a crime is being committed or a warrant to conduct the search.
This type of behavior is illegal under the Fourth Amendment, which protects American citizens from improper or illegal search and seizure.
Additionally, any evidence that’s gathered from an illegal search and seizure is not admissible in court, under a doctrine known as “Fruit Of The Poisonous Tree.” Under the decision in Mapp Vs. Ohio, 347 U.S. 643 (1961), evidence gathered during an unconstitutional search is inadmissible in a state court criminal trial.
You can inform officers that if they do not have probable cause or a warrant, you do not consent to a search. If your car was searched by drug-sniffing dogs without your consent and they found something, without a warrant and no probable cause they may have committed an illegal search and seizure. Anything that was found in the process will not be accepted into evidence in court.
The Fourth Amendment
This simply stated part of the Constitution says that:
“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.”
A search, and any evidence collected from it, must have probable cause. If your home is searched, law enforcement are also required to have a warrant to perform a search. There are procedures that must be followed once a warrant is issued.
If the police show up without a warrant and ask to search your home, you can ask for a warrant to be issued first, and decline to consent to a search without one. A warrantless search could lead to procedures not being properly followed.
Warning: even if you state loudly that you do not consent to a search but the officer proceeds to search you anyway, do not resist. You could be charged with obstruction, assaulting a police officer, or other charges. But if the search is illegal, your attorney can file a motion to suppress, which will stop any evidence from the search from being introduced into court. You may also have a right to a civil court remedy as a result of the illegal search.
A search warrant does not give law enforcement the right to arrest you. They may gather any evidence in plain sight, and may look to see where you are hiding. However, if they gather enough evidence, they can arrest you based on that evidence.
The warrant and illegal search and seizure
This document must contain:
The judge’s name
Your name
Your address
The name of the agency conducting the search or arrest
Descriptions of items that are being sought
An officer is not required to have the warrant on hand, but if he or she does, under Colorado law they must show it to you upon request. If an officer removes property from your home, he or she must give you a receipt for the property as well as a copy of the warrant.
Note that you do have the right to remain silent and not answer questions. Should they threaten to get a warrant, insist that they do so. They will have to go to court to get it, and may or may not be successful. However, if you consent to a search, they won’t have to get court permission.
If law enforcement insists on doing a search anyway, remain calm, do not interfere, and begin taking notes immediately. If someone is with you, ask them to witness the unconsented search. Record:
Names
Badge numbers
Law enforcement agency or agencies involved
Any other relevant information
Call a civil rights defense attorney immediately.
Section 1983
This section of US law (42 U.S. Code, Section 1983) addresses the abuse of the legal system to deprive another person of their civil rights, and allows people to sue the government for any civil rights violations.
For this section to be used, the defendant must have acted “under color of,” in a specific jurisdiction. That is, the individual was acting in his or her capacity as a representative of a governmental entity. A police officer generally does, whether patrolling or performing a search and/or arrest. Police who use excessive force generally come under Section 1983.
It is possible to sue for damages incurred during an illegal search and seizure, if you were arrested. You can sue for property damage, pain and suffering, lost wages and other expenses as well as attorney’s fees
Defend your rights — call today
If you’ve been a victim of an illegal search and seizure, defend yourself. Get a lawyer who is experienced in civil rights violations and Section 1983.
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.
It happens sometimes that people are arrested for reasons they don’t understand. You’ve done nothing wrong, but there you are, sitting in the back of a police car (not resisting arrest), and you’re not sure why. It happens more often than you think, and the ACLU has stepped in to assist hundreds of people like Valerie Rodriguez, a lady unlucky enough to have the same name as someone else who committed a crime. A police officer who failed to do the proper research facilitated the arrest of an innocent woman instead of one that caused harm.
Police officers may be quick to make an arrest if they believe you aren’t complying with their request. Unfortunately, even catchall charges like disorderly conduct and resisting arrest are up to the officer’s discretion. Even not acting fast enough when the officer tells you something can be “resisting arrest,” giving an officer free reign. If you’re innocent of the disorderly conduct but tried to resist arrest, that second charge may stick when you go to court. An officer’s report may be written to indicate that you have broken the law, when in fact, they may be covering up their own mistakes.
Last year we discussed false arrest and the civil rights violations that it could bring. But even if it’s a false arrest or other mistake, is resisting arrest the right thing to do?
Resisting arrest is a misdemeanor in Colorado
Interfering with a police officer’s duties and preventing him from making an arrest constitutes resisting arrest. This is true whether the individual is innocent of any charges or not.
If you do resist being arrested in Denver, CO, and you are innocent of the original charge, you’ll still be charged with resisting arrest under 18-8-103 (1) C.R.S, which is a Class 2 misdemeanor. You could face fines of up to $1,000 and as much as a year in jail.
Defenses against resisting arrest
There are defenses against this charge:
Self-defense, in which the individual intends to protect himself or herself against an assault by a police officer
In defense of another individual
The police officer is acting as a private person and not in his or her official capacity as a law enforcement officer
The police officer uses excessive force when it isn’t warranted
However, unlawful or false arrest are not defenses; you’ll need to fight this kind of charge in court.
If you are arrested for resisting arrest in Denver, CO
The safest way to proceed is to go along with the officer, do not resist, and give them no additional information beyond your name. State that you would like to answer any other questions in the presence of an attorney. Anything you say to the police, even before they read your Miranda Rights to you, can be used against you in court. Therefore, make no statements to anyone involved, including the police, without the presence of an attorney at your side.
Once you’ve been freed from jail, find an attorney who will not only defend you from the charge of resisting arrest, but demonstrate that you were, in fact, innocent of the original charge for which you were being arrested.
Defend your rights with a Colorado civil rights attorney
Most charges of resisting arrest are defensible. If a prosecutor offers you a plea bargain, you’ll still have a criminal conviction on your record. To avoid conviction, it’s best to take your case into a jury trial. That’s where a civil rights attorney can help.
If you or someone you know has been charged with resisting arrest and is innocent of charges, get the legal help you need immediately. 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’ll fight to help you clear your name against false arrests and other over-reaching actions by police.
Filing a lawsuit for any kind of discrimination is a difficult decision that isn’t taken lightly. Age discrimination is particularly difficult, and can have long-term ramifications. Age discrimination is personal. You’ve worked hard for a long time and have a lot of years of good experience. But suddenly, after your 40th (or 50th) birthday, you wake up and realize you’re not working there anymore. You may have a very difficult time finding a new job, especially after 50. What happened?
Age discrimination
With more employees shunning retirement and working longer, age discrimination is becoming more common in companies both large and small. The EEOC reports that age discrimination complaints are increasing. From 1997 through 2007, there were less than 20,000 filings per year.
In 2008, however, the number of filings increased from 23,000 to 25,000 per year. That’s just the people who filed a complaint — without a report, there are likely more cases of age discrimination that no one knows about. In Colorado alone, there were 370 age discrimination complaints filed in 2018. By comparison, California recorded 1,062, and Texas recorded 1,744.
So why do older people find themselves unemployed after a long, successful career? There are a number of misconceptions about “older workers,” including:
They can’t deal with technology (i.e., computers, smartphones, conference calls, etc.)
Their health insurance costs more, because after 50 they have more health problems
They don’t need a job because they’re so close to retirement
They cost more in wages and salaries, so it’s fiscally prudent to lay them off and hire younger, less expensive workers.
However, older workers tend to be more reliable than younger workers, but are generally targeted first in a reduction in force.
While employers are quite sneaky about hiding their age-discrimination tendencies, there are occasions where they make missteps, such as asking about your retirement, or making disparaging comments to younger employees about a worker over 40. That’s when you may decide to file a complaint with the EEOC, and follow with an age discrimination lawsuit.
Collecting evidence for age discrimination
If you’re finding yourself the target of such comments or treatment, document everything. For instance, if your boss asks you about your retirement plans, or makes other disparaging remarks, keep a record of the time, date, and any witnesses who heard it. Follow up with an email to him or her thanking him for his concern, and that you currently have no plans to retire, that you enjoy your work. Print and file copies of these types of emails and other documents.
If you were told about such comments by another employee that were not made in your presence, document that as well, including the individual who told you.
Gather copies of all of your performance reviews, especially reviews that demonstrate your good work record and performance. If your reviews have abruptly changed after years of doing well, your previous good reviews will be a strong contrast.
Watch how younger employees are treated in relation to older employees, whether it’s work-related, promotion related, firing or layoff related, or how they are treated in the same circumstances as someone over 40. If you find a pattern of age-related bias, begin keeping records of these individuals and how they were treated differently than those under 35 or 40. This is especially true in disciplinary cases.
Favoritism towards younger employees, such as work assignments, sales leads, meetings, promotions and other patterns may also indicate discrimination. This should also be documented, even if the supervisor is “over a certain age.”
After a period of good performance reviews, if you suddenly find yourself with negative reviews, write-ups or other disciplinary actions, there’s a good chance you are being targeted. The goal is to either find a way to fire you or to get you to quit. Again, documentation is key to proving your case in an age discrimination lawsuit.
The hearing
Whether you are in a hearing with the Colorado Civil Rights Division (CCRD) or EEOC, or a court hearing, you’ll be asked questions by a well-equipped defense counsel. While you are there to prove disparate treatment and disparate impact, they are ready to disprove your claims of age discrimination.
You’ll be required to prove that you are in a protected class (over 40) and are qualified to do your job, but that you suffered an adverse action in your employment and were treated differently than employees who were under 40. Expect pointed questions from both your own attorney, and by your employer’s attorney. You’ll be asked about your training, qualifications, and other relevant questions that are intended to disprove your claim.
Your employer will then be required to prove that the action was not discriminatory, and the action had a legitimate reason, and was for a reason other than age. While a requirement to lift 50+ pounds occasionally might be reasonable for some jobs, they could be used to discriminate against individuals where such a requirement wouldn’t be necessary.
Should this be proven, at this point, the burden of proof is yours to show that the action was a pretext and in fact, discriminatory. Working with an age discrimination attorney will help you prove your case successfully to increase your chance of winning your case and having a settlement.
Your Denver civil rights attorney
Being fired or laid off because of your age, even when hidden by another reason, is age discrimination and against the law. Get help with your case before you file a complaint. 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’ll aggressively defend you in court and make sure your rights are protected and you are treated fairly.
Pregnancy and childbirth are a wonderful time in a woman’s life. From the first moment she discovers she’s pregnant until she takes home a newborn, she has much to do. One of the things she shouldn’t have to be concerned about is her job and pregnancy discrimination.
Many companies have specific policies and procedures in place to accommodate a woman during and after her pregnancy, including accommodations. Most companies implement temporary work re-assignments to accommodate a shorter work schedule. Some companies may hire a temporary worker or two while the worker is out on maternity leave. But not all companies are as progressive and forward-thinking.
There are laws in place to protect pregnant women from being singled out. But gender discrimination or pregnancy discrimination is still a widespread problem nationwide, particularly among low-income women. Many employers will find a way to terminate a woman’s employment due to her pregnancy, despite the fact that it’s highly illegal.
Employment termination is frequently disguised as a layoff, couched in less-than-favorable performance reviews, or a policy violation that wasn’t there before, such as tardiness without a doctor’s note or an increase in a weight-lift requirement. This directly impacts the woman’s family, since the income is cut off when they need it the most. Since pregnancy is exclusive to females, it can also be considered “gender discrimination.”
Laws against pregnancy discrimination
Both state and federal law prohibit pregnancy discrimination:
Pregnancy Accommodations In Colorado, in which an employer is required to offer “reasonable accommodations” to a pregnant employee, unless it would cause an undue hardship to the company. It also prevents an employer from taking “adverse actions” against an employee for requesting an accommodation. Requesting a doctor’s note for the requested accommodation is acceptable.
An employer must provide a reasonable accommodation for a pregnant employee as they would for an employee experiencing a different disabling health conditions (i.e., broken bones, stroke, recuperation after reparative surgery, etc.)
The Colorado Anti-Discrimination Act, which prohibits discrimination for pregnancy as well as other common reason, such as race, creed, nationality, orientation, age, and other factors. This act requires all employers, regardless of size, comply with the state laws against discrimination.
The Pregnancy Discrimination Act of 1978 specifically prohibits sex discrimination based on pregnancy, childbirth, or medical conditions related to pregnancy/childbirth. Women are to be treated the same as any other employee with a medical condition with respect to benefits, including healthcare, affected in the same way with a condition that temporarily prevents them from working or limits their ability to work.
The Americans With Disabilities Act (ADA), a federal law that prohibits discrimination against disabled workers by companies with more than 15 workers. Conditions related to pregnancy like gestational diabetes and preclampsia are considered disabilities under the law. You can’t be fired, harassed, or denied a promotion because of your pregnancy, nor denied assistance such as extra breaks or being excused from a lifting requirement. FMLA provides 12 weeks of unpaid guaranteed leave for pregnancy and childbirth.
What Is A “Reasonable Accommodation?”
Like many conditions, pregnancy includes its own symptoms, such as the well-known “morning sickness.” A pregnant woman in the workplace may need some accommodation during pregnancy, including:
Job restructuring
A temporary modified schedule
Increased breaks for restroom, food and water
Foot rests
Equipment modifications, such as a chair with increased support
“Light” duty, including the reduction of weight lift requirements during pregnancy
Assistance with manual labor, or a temporary transfer to a less hazardous job
An employer is required to engage in an interactive discussion with the employee to accommodate their needs for assistance. The employer is required to supply reasonable accommodation as long as it doesn’t create an undue hardship for the company. For instance, a request for a new chair would be considered “reasonable,” but a request for an entirely new office to be built would not be.
An employee is not required to accept an accommodation she didn’t request, nor can she be compelled to take leave if the employer can provide a reasonable accommodation.
What you can do about pregnancy discrimination
Both state and federal law prohibit an employer from using your pregnancy as a factor in decision making for:
The hiring and interview process
Wages, benefits and other pay-related decisions
Promotions, transfers, demotions or other disciplinary actions
Retaliation for taking leaves of absence
Disciplinary action, such as suspensions and termination
It’s important to begin keeping documentation of any attempts at discrimination in the workplace that you notice. For instance, if another individual is being accommodated for a different type of injury, but you aren’t. If something has “changed” at work after notifying your supervisor of your pregnancy, or you’ve heard an increase in inappropriate remarks about your pregnancy, keep a written record. If you are being singled out, this written record will go a long way in proving your case.
If you’ve been terminated, fired, laid off, or had other adverse actions taken against you once you’ve revealed your pregnancy, it’s time to speak with a civil rights attorney who can defend you and protect your rights.
Workplace discrimination is against the law
The US has very strict laws against discrimination, particularly for a pregnant woman. Colorado also offers protections if you believe you’ve been targeted because of your pregnancy. Call The Civil Rights Litigation Group today 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.
Filing a wrongful termination claim is difficult enough—you’ve also got to prove your claim. Colorado is an at-will state, meaning that you or your employer can, without cause, terminate your employment at any time. Although the claim may be resolved in mediation and never get to court, you’ll need accurate information and documentation to support and prove your claim. Here’s what we suggest.
Establishing wrongful termination
In the at-will state, you can legitimately be terminated without notice and without cause, as well as for a cause or causes, such as poor performance, excessive absenteeism, violation of policies, and other standard reasons. Most wrongful termination cases are filed by at-will employees. But there are limits, and you cannot be terminated for an illegal reason, such as discrimination.
You also cannot be terminated in retaliation for refusing to perform an illegal act, such as driving a company vehicle without proper registration, or after exercising a legal right (such as voting or jury duty.)
Constructive dismissal, a situation where the employer makes the work environment very uncomfortable to coerce you into quitting, is also illegal.
Other indicators of potential wrongful termination:
Direct or circumstantial evidence of discriminatory treatment, including direct written or verbal statements, or termination of a specific group, or a firing after an employer learned your age, gender, nationality, religion or other factors
Disparaging comments about specific groups of people, such as women or employees over 50
Obvious discrimination during layoffs, such as women over 40 or 50
Supervisors, superiors or employer making biased comments about certain groups, especially in front of witnesses
You will also need to prove that your termination was illegal with documents, witness statements and other information.
Keeping records to prove wrongful discrimination
It’s important to begin recording events as soon as you notice them, in case you are actually fired. If you suspect that wrongful termination may be coming, start making copies of anything relevant and storing them at home or in your cloud storage (i.e., Google Drive, Dropbox) where you’ll have them available.
IMMEDIATELY: Start writing down everything that occurred during your wrongful termination while they are fresh, similar to a diary.
Use these details to create a timeline of the events that led up to your termination. Include names of all the individuals involved.
Get as much paperwork as you can, especially your termination notice, which will give the official reason for termination.
Keep copies of everything that’s in writing including layoff papers and/or termination notice.
Request a copy of your entire personnel file, which will include pay raises, promotions, as well as any disciplinary actions or discussions. Sometimes companies rush terminated employees out of the building, so you may not have time to even pack your things. An attorney may need to subpoena your personnel file from HR later if they refuse.
Send an email to your immediate supervisor summarizing the topics of discussion during the termination the next day. This is simply to document the discussion, and to establish a record of the meeting, not to debate. Stay professional, and don’t argue. This may be the only record you have of the meeting.
Alternately, create a diary entry of the meeting with everything discussed, if you aren’t comfortable sending an email.
Speak with coworkers who may or may not have been treated differently than you. Have they also been treated differently, or seen others being singled out for wrongful termination or disciplinary actions?
Financial records—this includes pay stubs, bonus checks, W-2s and any other related documents. These are helpful to establish how much money you lost when after your termination.
If you have an employee contract, add it to your file.
In some cases, policy manuals, employee handbooks and other corporate documents may constitute an employment contract. Add these to your file as well.
Are you a union member? A union contract negates the “at-will” part of your employment, and spells out the employer’s procedure and specific grounds for dismissal.
Find an attorney who handles wrongful termination cases so that he or she can guide you through the process of EEOC complaints as well as possibly filing a lawsuit before the two-year statute of limitations.
Is it worth filing for wrongful termination?
There are a few reasons why you should pause before pursuing a wrongful termination claim.
If you’re already working, how much did you lose after your termination? If you already had a job or found one right away, you may not have lost any wages or other compensation. The amount you might receive may not be worth the cost of any legal action.
You should be completely honest with your attorney about everything related to your claim. If you’ve made comments that can be seen as inconsistent by the opposing party, you should tell him or her up front to avoid an embarrassment during mediation and/or litigation. Before making any statements, discuss them with your attorney to avoid any pitfalls that could sink your case.
You’ll likely be looking for another job the day you are terminated (or the next day.) You may have been job hunting already and caught off-guard. Think about what your next employer will see: someone who sued their former employer. Even if you don’t tell them, they could eventually find out. One of the first things an HR person or hiring manager will wonder is if you’ll sue them, too. It could be a big “red flag” and ruin your chances for another job.
Protect your civil rights
There are strict laws in the US against discrimination and wrongful termination. If you believe you’ve been terminated illegally, contact our employment lawyers by calling (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.
Religion is a personal choice, no matter what the denomination. You may choose to share your beliefs with others, or you may keep them to yourself. You may also eschew religion if you choose to. But religious discrimination is not a choice your employer has a right to make.
One of the most demeaning forms of discrimination is on the basis of your choice of religion. Whether you grew up with your religion beliefs, or chose them later, it should never be used against you. If it is, your civil rights have been violated through religious discrimination. And in the workplace, you may have grounds for a lawsuit.
The First Amendment
What it actually says is:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
There is no “national religion” in the U.S., as there are in other countries, nor limitations on the practice of religion.
There are two general ways that you could be harassed based on your religion:
Quid Pro Quo, (Latin for “this and that”), when you are required to alter or abandon a religious belief in order to obtain employment, or an adverse action that occurs after you accept a position but refuse to change your beliefs.
A Hostile Work Environment, in which you are subjected to negative comments and/or actions that create a hostile work environment, and suffer a “negative employment action.” Employers are responsible for the actions of their employees.
There are some exceptions. Religious organizations, by their very nature, have the right to hire based on their own religious beliefs, especially if it’s activities are religious on a day-to-day basis. Clergy members are also prohibited from filing religious discrimination lawsuits, because doing so would allow the government to interfere in religious activities. They are not, however, exempt from other forms of discrimination, such as race based or sex based.
Proving religious discrimination
If you believe you are the victim of religious discrimination, it’s important to:
Report each incident of religious discrimination to your employer
Personally document each incident, as well as each time you report an incident
Should your employer fail to take corrective action, you can file a Claim of Discrimination with either the EEOC or the Colorado Civil Rights Division (CCRD). You’ll have 300 days from the act of religious discrimination in which to file your complaint with the EEOC, or 180 days with the CCRD. After that, you will lose your right to file your religious discrimination claim under Title VII or Colorado law.
The harassment occurred because of, or was motivated by, religion
The conduct was pervasive or severe
The conduct had a detrimental effect on the plaintiff and
The harassment would have had such an effect on a reasonable person of the same religion in that position
Once you successfully prove your claim of religious discrimination, there are a number of remedies available under the law. You may be awarded compensatory damages including lost wages and benefits, emotional distress, and occasionally, punitive damages. You may also be awarded attorney’s fees and litigation costs. The court could also require the company to reinstate you, and issue an injunction against the company barring them from committing further acts of discrimination.
An attorney who specializes in civil rights violations and employment or religious discrimination can help you navigate this complicated area of law.
Denver’s civil rights attorney
You have the right to your own religion, guaranteed by the First Amendment. Employment discrimination in any form is a difficult and complex area of the law. Need help? 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’ll aggressively defend you in court and make sure your rights are protected under the First Amendment.
Losing a loved one is always difficult, no matter what the circumstances. Should the loss be a result of another’s negligence, you do have a possible legal recourse: a wrongful death lawsuit. Although wrongful death is a form of a personal injury lawsuit, the rules are somewhat different.
You may be wondering why you would file a lawsuit after you’ve been through the grief of a funeral and handling the deceased’s final affairs (such as reading a will, cleaning out their home, or closing accounts.) Filing a wrongful death suit could bring financial recovery for your damages as well as closure for you and your family.
What wrongful death means
This is a civil suit, not a criminal one, and establishes the liability of another individual or entity in the death of another person. In the case of a vehicular accident, a criminal case would be a separate action, and would likely not involve the recovery of damages like a civil suit would.
The state of Colorado describes a wrongful death as one that you, as a plaintiff, would need to establish that the defendant’s negligence, recklessness, or intentional behavior caused the incident.
Think of it this way: if the deceased were still alive, could they have filed a personal injury lawsuit for themselves? If so, you may be able to file a wrongful death suit, since it’s a personal injury suit on behalf of a deceased individual.
Depending on the circumstances of the wrongful death, a lawsuit may also give you additional answers. Our free consultation will give you more details so you can make an informed decision.
Colorado’s statute of limitations
If you are considering a wrongful death lawsuit, it’s important to speak with an attorney immediately. Colorado allows two years from the date of the incident to file. After that, your lawsuit will be dismissed, and you’ll lose your rights to any claims. There are some rare, limited exceptions, but as a rule, the limit is two years.
One exception is for a car accident, in which the driver is convicted of vehicular homicide as well as leaving the scene of the accident. If a jury convicts the driver on both charges, the time limit for filing will become four years.
Since there are some exceptions to the two-year time frame, don’t assume your time has passed to file. A Colorado wrongful death attorney can review your case and let you know what your options are.
Recovering financial damages for wrongful death
Since wrongful death is a form of personal injury lawsuit, you may be able to recover many of the same damages, such as:
Medical expenses for the deceased
Funeral expenses for the deceased
Pain and suffering on behalf of the individual
Lost benefits, current and future wages, and inheritance, such as a life insurance policy
Other related expenses
Punitive damages, or “punishment,” to deter others from committing the same negligence
Colorado does not have “damage caps” on lost wages, but does restrict punitive damages.
In the first year after the death, a surviving spouse may file a wrongful death suit. If, after that year, the spouse does not file, the surviving children as well as the spouse can file. If the decedent has no spouse or children, his or her parents can file at any time, but if they choose not to file, the parents will be unable to file.
A representative of the deceased’s estate may also file a lawsuit, including any beneficiaries who lost an inheritance as a result of the deceased’s passing.
Denver’s wrongful death attorney
Our attorneys understand the pain and difficulty of filing a wrongful death suit after losing a loved one through another’s negligence. We can work with you to help you through the legal process.
It’s difficult to go to a job every day and witness inappropriate or even illegal conduct, knowing it’s wrong. Every day, thousands of people in Colorado are afraid to say anything for fear of losing their jobs, or worse. Afraid of being labeled a whistleblower.
But if your employer does turn on you as a whistleblower in you do have protections against retaliation, including the ability to file a lawsuit if necessary.
Colorado’s at-will employment
Giving two weeks’ notice when terminating your employment is a custom, or company policy, but isn’t required by law.
With nearly any employer in the state, your employment is called at-will, meaning both you and your employer can terminate it at any time, without a reason. However, terminating employment for cause has to be for a legal reason, such as poor performance or violating company policies.
Protection for a whistleblower
The state of Colorado offers whistleblower protection for both public and private employees against retaliation after exposing illegal actions or policies.
Colorado code §24-114- 101: Private employees
An employer may not administer disciplinary action for disclosures of information
An employee must make an effort to provide the information directly to a supervisor or other internal authority before disclosing the information to an outside source
An employee can bring a civil lawsuit and seek damages and other relief
Colorado code § 24-50.5- 101 to 107: Public employees
Employees of the state of Colorado are protected from disciplinary actions by an employer for disclosing information with regard to illegal policies or actions that are not in the public interest
An employee must file a written complaint within 10 days of the retaliatory incident(s) with a state personnel board
If approved, the employee may recover back pay, obtain reinstatement and other related compensation
Should the board deny the complaint, an employee may file a civil lawsuit.
There are also common law protections for employees who:
Perform a public duty
Refuse to perform an illegal act
Exercise an important job-related right or privilege, such as filing a workers compensation claim.
Healthcare workers are also protected by the act called “Concerning Protection for Health Care Workers who Report Patient Safety Information.” Enacted in 2007, it allows workers in the healthcare industry to report their concerns about patient safety without fear of retaliation from their employer. Workers are encouraged to report conduct that could adversely affect patient care or healthcare standards in Coloardo.
Colorado protects employees who refuse to perform any illegal acts as a part of their regular work-related duties. The Colorado Supreme Court has also stated that an employee should not be faced with the choice of losing his or her job and obeying an employer’s order but violating the law.
However, there are exceptions in which you would not be protected as a whistleblower in Colorado:
Employees who knowingly disclose false or fraudulent information, or disclose information with “reckless disregard” for its truth
Employees who disclose information from public records that are closed to inspection by the public beyond specific government representatives
Employees who disclose other confidential information not disclosed to the public
Federal whistleblower protections
There are a number of federal protections for whistleblowers. Many are administered by OSHA (the Occupational Safety And Health Administration.) Since Colorado is a federal-OSHA state, these laws cover federal employees and private companies with 10 or more employees.
Additionally, the Whistleblower Protection Act protects federal employees who report incidents of waste, mismanagement, abuse of authority, law or regulation violations, or danger to the public safety.
If you’re a whistleblower in Colorado, the state allows two years for you to file a complaint against your employer for retaliation. If you are planning to file a lawsuit, it’s important to meet with a civil rights attorney as soon as possible.
Contact the Civil Rights Litigation Group in Denver
Deciding to blow the whistle on wrongdoing at your job is a courageous act that can bring unwanted consequences that you weren’t expecting. Whistleblowers have been responsible for a number of corrections that would not ordinarily have been addressed without them.
But if your employer retaliates against you or another employee after becoming a whistleblower, contact a leading civil rights attorney to represent you.
The Civil Rights Litigation Group is dedicated to protecting the rights of employee whistleblowers who are targeted with retaliation. We’ll vigorously pursue lawsuits against employers who have retaliated against employees, and will fight to get you compensation for your damages.
In any corner of the Internet, there are bloggers to talk about anything and everything. Food. Fashion. Culture. Trends. Anything people talk about. Supplemented by social media, a blogger can be unknown one day and known around the world the next. And they may not know their first amendment rights.
You may be considering a blog of your own. Maybe you want to talk about Denver’s restaurant scene, the city’s LGBT-friendly places to visit or the annual Denver Pride Fest. Or you’d like to inform the general public about a problem or two that not everyone knows about. Once you set up your website and start writing, you may wonder if you can say whatever you want. Yes, and no. Blogging is, for the most part, protected speech under the First Amendment. But before you start posting about something, there are a few things you need to be aware of.
What fhe First Amendment says
The actual text says:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Free speech includes making statements about a person or topic that are truthful or based on an honest opinion. But there are exceptions, including:
Fighting Words — face-to-face confrontations that will probably lead to a fight (Chaplinskyv. New Hampshire ,1942)
Whether you work for a news organization or not, as a blogger you are still protected by the First Amendment. Indeed, many bloggers have uncovered stories that have undermined the so-called mainstream media, or stories the MSM ignored but needed to be told. Differentiation between opinion and fact is also important in a blog post. What happens when you say something someone doesn’t like?
Montana Blogger Crystal Cox is a blogger who considers herself a whistleblower, wrote a series of blog posts accusing Obsidian Finance Group and a bankruptcy trustee of tax fraud. Obsidian sued and won after a lower court found that because Cox wasn’t a paid journalist, Obsidian didn’t have to prove that Cox acted with negligence.
However, the 9th U.S. Circuit Court of Appeals in San Francisco ruled Cox was entitled to a new trial, even though she isn’t formally a reporter. “As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable,” 9th Circuit Judge Andrew Hurwitz wrote for a unanimous three-judge panel in the case. The attorney for Obsidian and their trustee, Steven Wilker, also observed that the 9th Circuit did not dispute that Cox’s statements and accusations were, indeed, false.
While Cox has been accused of making allegations of fraud and other illegal activities in exchange for payoffs for retractions, she was still found to be protected by the First Amendment. The 9th Circuit ruled that Obsidian would be required to show that Cox exhibited “negligent behavior.” In January of 2014, represented by UCLA School of Law professor Eugene Volokh, Cox won on appeal, giving bloggers the same protections as traditional journalists.
Free speech is a civil right
Are you considering starting your own blog? You’re in good company, and the First Amendment is on your side. But there are some responsibilities that go along with freedom of speech.
If someone has threatened your right to free speech, you can fight back. 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.
