Sex Discrimination Law in Colorado
Employees in Colorado are protected from discrimination on the basis of sex by both state and federal laws. In many instances, these laws offer overlapping protections, giving employees who have been discriminated against the option of whether to seek help at the state or federal level.
Title VII of the Civil Rights Act of 1964
Title VII is the primary federal law that prohibits employers from discriminating on the basis of sex. Title VII makes it illegal for an employer to discriminate on the basis of color, race, religion, sex, or national origin.
Title VII applies to the federal government and state governments, as well as private employers who have 15 or more employees. However, Title VII does not apply to private employers with less than 15 employees. When sex discrimination has resulted in unequal pay, the United States Equal Pay Act will also apply.
Colorado’s Anti-Discrimination Act
In addition to federal law, Colorado has its own Anti-Discrimination Act, which prohibits discrimination or harassment on the basis of sex, including sexual orientation. Co. Rev. Stat. Sec. 24-34-402. The Anti-Discrimination Act applies to all employers, regardless of the number of employees. However, religious associations and organizations are generally not covered under the Anti-Discrimination Act unless they receive public funding. Because Colorado’s Anti-Discrimination Act applies to all employers with fewer than 15 employees, it is some ways more comprehensive than Title VII.
Examples of Sex Discrimination
Examples of sex discrimination include, but are not limited to:
- Refusal to hire a person because of their sex;
- Firing a person because of their sex;
- Being passed over for a promotion for reasons related to gender;
- Being assigned a particular job assignment because of a gender stereotype;
- Receiving less pay because of sex;
- Receiving fewer fringe benefits, such as vacation or health insurance, for gender-related reasons; and
- Sexual harassment, including uninvited sexual comments, lewd jokes, physical touching, or other unwelcome behavior.
Although an isolated comment or simple teasing may not, on its own, constitute sexual harassment, a pattern of behavior which is continuous or severe can result in an illegal hostile or offensive work environment. Likewise, it is illegal sex discrimination when an incident of sexual harassment is linked to an employment decision, such as being fired or passed over for a promotion as a result of refusing unwanted advances by a manager or other employee.
Video: Sex Discrimination in Colorado Explained
Colorado Sex Discrimination Attorneys
If you believe that you are a victim of sex discrimination, you should contact an attorney from HKM Employment Attorneys LLP for a consultation. HKM Employment Attorneys LLP has the experience you need to help you file a successful sex discrimination claim or lawsuit in Colorado. Likewise, if you are an employer who has been accused of discriminating on the basis of sex, our attorneys will be able to help you defend your case.
If you are a victim of sex discrimination in your workplace, contact an HKM Employment Attorney online or by calling 303-991-3075 as soon as possible for a private consultation.