Workplace Discrimination

You may have heard the term “workplace discrimination” but do you know what it actually means?

Under Colorado law, an employer cannot take adverse action against an employee based on their protected class information. In Colorado, protected class information includes:

• Disability (a mental or physical impairment which substantially limits a major life activity);

• Race;

• Creed;

• Color;

• Sex;

• Sexual Orientation ;

• Gender Identity;

• Gender Expression;

• Religion;

• Age (40+);

• National Origin;

• Ancestry;

• Marital Status;

• Marriage to a Coworker;

• Pregnancy, childbirth, and related conditions; or

• Sharing and comparing wage information with coworkers.

Adverse actions that an employer is prohibited from taking based on an employee’s protected class information include:

• Refusal to hire;

• Discharge;

• Refuse to promote;

• Demote;

• Harass during the course of employment;

• Discriminate in matters of compensation; or

• Discriminate in the terms, conditions, or privileges of employment.

Often employers will try and give a pretextual reason for the discriminatory action. This may include claiming the employee has poor performance or committed misconduct when the real motivating factor was the employee’s protected class information. But giving a pretextual reason does not change the fact that taking adverse action against an employee based on their protected class is unlawful.

Additionally, employers cannot retaliate against employees who have engaged in protected activity (such as making a complaint of discrimination, or requesting a reasonable accommodation). Retaliation means that the employer took an adverse action against the employee and the protected activity was a motivating factor in that decision.

We can help if your employer has:

• Taken adverse action against you based on a protected class.

• Retaliated against you for engaging in protected activity, such as complaining about unlawful workplace conduct or requesting a reasonable accommodation. 

• Given other employees preferential treatment over you because of your protected class.