Harding & Associates P.C.: Employment and Sexual Harassment

Employees who believe that they have been discriminated against by an employer, an employment agency, or a labor union have the right to file a charge of discrimination with the Equal Employment

Employees who believe that they have been discriminated against by an employer, an employment agency, or a labor union have the right to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Colorado Civil Rights Division (CCRD). You must first file a charge with one of these agencies before you file a lawsuit against your employer.

EEOC requirements: Federal law protects employees employed by governmental agencies, educational institutions, and private employers. The law requires that employers, who employ 15 or more employees, abide by legislation (Title VII, ADA, ADEA, and EPA) that protects a variety of rights for workers. For age discrimination charges, your employer needs to employ 20 or more individuals.

CCRD requirements: Colorado law protects employees employed by government agencies, educational institutions, and private employers. The law requires that employers abide by legislation that protects a variety of rights for workers against discrimination and sexual harassment.

Protected Classifications

Employees can file discrimination charges against their employer for discrimination based on race, color, religion, age (40+), gender, and national origin. Charges can also be filed against an employer for sexual harassment, sex-based wage discrimination, and disability discrimination.

Click here for more information on the different types of discrimination

Charges of discrimination can also be filed if an employer retaliates after an employee files a charge of discrimination, or if discrimination occurs against an employee who participates in an investigation or opposes discriminatory practices at his/her place of employment. Charges of discrimination can be filed if an employee or prospective hire is discriminated against due to being married or because they associate with a protected status person. Lastly, it is possible to file a charge of discrimination on the behalf of another person in order to protect the aggrieved person’s identity.

Time Limits

EEOC: The EEOC requires that an employee file a charge of discrimination within 180 days in order to protect your rights under the law. Exceptions: there is no time limit to file an Equal Pay Act (EPA) charge, but it is advisable to file within 180 days. If you are also covered by state or local anti-discrimination laws, you have up to 300 days to file a charge. However, only state law extends the 300 days deadline for age discrimination charges. If state and local anti-discrimination laws also cover you by Fair Employment Practices Agencies (FEPAs), you should dual file your charge, even though only one of the agencies wi

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