If you live in Colorado and you’ve been the victim of workplace discrimination, you may be wondering, “How do you prove workplace discrimination in Colorado?” An experienced lawyer can gather evidence to build a compelling case on your behalf, protect your employee rights, and pursue the compensation you deserve to help you move forward with your life.
Colorado Employees in Context
Colorado employees are protected from workplace discrimination at both the state and federal level. However, to prove workplace discrimination in Colorado, an employee must demonstrate that an employer took an adverse employment action against them based on a legally protected characteristic.
With a population of roughly 6 million, 3.2 million workers drive Colorado’s economy, which means workplace discrimination laws protect the livelihoods of many individuals and families across our state. Recent civil court information reveals workplace discrimination claims account for approximately one-third of all employment litigation across Colorado.
Within the Centennial State, workers may not be discriminated against based on:
- Race
- Color
- Religion
- Sex
- Age
- National origin
- Disability
- Sexual orientation
- Gender identity
- Marital status
A successful workplace discrimination claim relies on objective workplace evidence and following strict state administrative deadlines.
Proving Workplace Discrimination in Colorado
If you do not have direct evidence in your favor, Colorado courts use a three-step framework to evaluate your case. They evaluate circumstantial evidence to decide whether you’ve met your burden and shown you have been discriminated against in the workplace. The steps include:
- The Prima Facie Case. First, you must prove you belong to a protected class. Typically, you must prove you may have been discriminated against based on said protected class. You also must establish you were qualified and met your job duties. Finally, you must show you suffered an adverse action (such as a termination or a pay cut) and were treated less favorably than similarly situated coworkers outside your class.
- The Employer’s Justification. If you can establish a prima facie case against your employer as a baseline, then the burden shifts to your employer, who must provide a non-discriminatory reason for their action. For example, your employer may argue their decision had nothing to do with you personally, but they made a justified decision to fire you based on your poor job performance or because of post-holiday company layoffs.
- Proving Pretext. The final burden of proof then shifts back to you. You must prove the employer’s stated reason is a “pretext,” which means a cover-up. You must argue that in reality, discriminatory bias was the real and only motivation behind your employer’s adverse action.
Important Evidence to Prove Your Workplace Discrimination Case
Since employers rarely admit openly to bias, you should build a paper trail to establish pretext and build a compelling case on your behalf. This can include:
- Written documentation like emails, messages on company communication platforms, or texts showing bias or abrupt changes in your management’s tone.
- Comparative records to show times when coworkers with similar performance levels but different demographic backgrounds were treated differently than you.
- Performance history documents like performance reviews and attendance logs to counter your employer’s claims of poor workmanship.
- Witness statements to support your account of discriminatory behavior or derogatory comments.
It can be challenging to gather this information yourself. Consider working with a lawyer who can assist with building a strong discrimination case.
Hire a Workplace Discrimination Lawyer in Colorado: Choose King Employment Law
To hire a workplace discrimination lawyer, contact King Employment Law. Whether you work at a car dealership and were discriminated against for letting your manager know you are pregnant or you were replaced by another employee because of your disability, our attorneys can protect your employee rights and zealously advocate on your behalf. We proudly help employees who are victims of workplace discrimination.
FAQs
Can I Immediately File a Workplace Discrimination Claim in Court?
No, you cannot immediately file a workplace discrimination claim in court in Colorado. You must first rely on administrative remedies available through either the federal Equal Employment Opportunity Commission (EEOC) or the Colorado Civil Rights Division (CCRD).
A knowledgeable attorney can discuss these administrative remedies and provide comprehensive support throughout the process. Since an employee’s burden of proof is complex, consider collaborating with a licensed lawyer to protect your employee rights.
Would Keeping an Incident Log Assist With My Workplace Discrimination Claim?
Yes, keeping a detailed incident log could provide valuable assistance with your workplace discrimination claim. If you are able to maintain a personal diary that tracks statements, dates, times, and the names of witnesses who are present during times you experience adverse workplace situations, that could be helpful. A comprehensive collection of evidence significantly enhances your case’s likelihood of success.
What Does it Cost to Hire a Workplace Discrimination Lawyer?
It is challenging to provide specific information about what it costs to hire a workplace discrimination lawyer in Colorado, since all licensed lawyers may set their own fees based on their level of experience and other attorney-specific factors. If you need to hire a workplace discrimination lawyer, ask about what’s included in their fees and costs so you won’t have any surprise charges associated with the work they complete during your claim.
Can I Handle My Own Workplace Discrimination Claim?
Yes, you can technically handle your own workplace discrimination claim, but it’s not usually recommended that you do so. In this area of law, the cases are complicated, and the evidence-gathering process required to build a strong case is complex, so having an attorney during the process is indispensable.
Attorneys provide comprehensive support and can answer any important legal question you may have, and they can pursue the compensation you need after a traumatic discrimination incident.
Contact King Employment Law Today
With more than 90 years of combined legal experience, including federal court experience, our attorneys have a deep understanding of Colorado workplace discrimination laws. We bring this knowledge to each of the workplace discrimination cases we handle for our valued clients.
Our law firm is easily accessible. We’re located right on the border of Congress Park and the Denver Botanic Gardens, in the City Park West neighborhood.
Contact King Employment Law to schedule an initial consultation with one of our workplace discrimination attorneys.
