DENVER RETALIATION ATTORNEY
Retaliation is one of the most frequently alleged legal claims; however, it has a very specific legal meaning in employment law. Your employer is prohibited from taking adverse action against you because you complained about discrimination or objected to discriminatory treatment.
Employers know they can face severe penalties for violating employment discrimination laws. So when an employee complains about a discriminatory practice (or other illegal activity), some employers try to make the problem disappear—by punishing the employee who has asked for help. In employment law terms, punishing an employee for asking for help or reporting discrimination is called retaliation.
Most employers today know that firing a worker for engaging in protected activity will likely lead to a viable retaliation claim. Therefore, employers may choose to take a more subtle action against an employee.
If you answer yes to any of the questions below, you may have a retaliation claim:
- Has your job become increasingly difficult due to threats, hostile remarks, increased supervision, or company-wide rumors about you?
- Has your income been affected due to reduced wages, demotion, or denial of promotion or benefits?
- Have you been transferred or has your work environment changed since your engagement in a protected activity?
Both federal and state anti-retaliation laws protect workers. Regardless of your worker classification (applicant, full-time or part-time), an employer may not fire, demote, harass or otherwise discipline you for complaining about discrimination in the workplace or engaging in any protected activity.
To pursue an action for retaliation, an employee must file a claim with either the EEOC or the CCRD. You are not required to have attorney representation for this process, but in order to have the best chance of reaping the possible benefits, we recommend it in most situations.
Under Colorado state law, a worker must submit a claim of retaliation before the CCRD within 6 months of the retaliatory incident. And there is a statute of limitation that requires EEOC complaints be filed within 300 days of the retaliatory event.
If you are a victim of unlawful retaliation or need help in deciding whether you are the target of retaliation, Livelihood Law is here to help. Our experienced employment attorneys are happy to talk with you about your concerns.