Frequently Asked Questions
About Employment Discrimination

  • What is Employment Discrimination?

    What is Employment Discrimination?

    Any adverse action by an employer against an employee based on Age, Disability, Race, Sex (including pregnancy), Sexual Orientation, Marriage to a Co-worker, Religion and National Origin.

  • When am I entitled to leave under the Family Medical Leave Act?

    When am I entitled to leave under the Family Medical Leave Act?

    The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

    Twelve workweeks of leave in a 12-month period for:

    • the birth of a child and to care for the newborn child within one year of birth;
    • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
    • to care for the employee's spouse, child, or parent who has a serious health condition;
    • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
    • any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty;"

    or

    Twenty-six work weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).

  • What is retaliation?

    What is retaliation?

    It is illegal to fire, demote, harass, or otherwise "retaliate" against applicants or employees because he/she filed a charge of discrimination, complained to their employer or other covered entity about discrimination, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).

  • What is wrongful discharge?

    What is wrongful discharge?

    Colorado is an "At Will" state. This means an employer does not need "Just Cause" to terminate an employment relationship. However, it is illegal for an employer to terminate employment if the employee is:

    • subjected to employment based discrimination; retaliated against for opposing illegal practices of their employer;
    • terminated or discriminated against because they take FMLA leave; or
    • not being paid proper wages and overtime.

    Even in an "At Will employment" state, employees who are promised "Just Cause" employment by his/her employer are not considered "At Will" and may be able to sue their employer if they are terminated without cause.

  • What do I do if I think I have been subjected to discrimination, retaliation or experienced a wrongful discharge?

    What do I do if I think I have been subjected to discrimination, retaliation or experienced a wrongful discharge?

    Contact our employment law lawyers immediately. It is imperative that you do not wait and potentially waive any of your legal rights.

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