Harding & Associates P.C.: Employment and Sexual Harassment
Summary
Main Office
730 17th Street, Suite 650
Denver,
CO 80202
303-762-9500
Years of Experience
18
Practice Areas
Geographies
Office Locations
Main Office
730 17th Street, Suite 650
Denver, CO 80202
Denver Employment Attorney
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 will
be handling the charge.
CCRD: There is a legal requirement that
a claim must be filed within a specific period of time (statute of
limitations) from the date of notice of the last discriminatory act. In
employment complaints, a claim must be filed within six months; in
housing one year; and in public accommodation sixty days. After the
statute of limitations has passed the Colorado Civil Rights Division
does not have jurisdiction over the claim.
Harding & Associates
Harding
and Associates is experienced and capable of analyzing your claim and
representing your interests through all stages of the process including
the EEOC, the CCRD and the lawsuit in court. This law firm will look at
your case with a careful and sensitive assessment and advise you of all
developments at each step of the way.
Harding & Associates
represents employers and employees. One of the more unusual laws that
Colorado has is the Wage Claim Act. This Act sets out the procedures an
employee must follow to receive the greater of 10 days wages or 50% of
his final paycheck if the employer has not previously paid these due
wages promptly upon employment termination. This penalty even applies
if the employee quits! This penalty is only available under Colorado
Law if the employee properly notifies the employer within 60 days after
the employment is terminated. There are also provisions under this act
allowing for the prevailing party to get his or her attorney’s fees and
costs reimbursed.
We have not only successfully brought the
published opinion case of Porter v. Castle Rock Ford Lincoln Mercury
(895 P.2d 1146 [Colo.App.1995]) but also successfully argued this case
in front of the Colorado Court of Appeals.
We provide advice on
all aspects of labor and employment including sexual harassment,
discrimination, whistle blower actions, wrongful discharge, employment
contracts and Equal Employment Opportunity Commission ("EEOC") hearings.
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