Colorado Employee AdvocatesColorado Employee Advocates2024-03-28T15:48:58Zhttps://www.coloradoemployeeadvocates.com/feed/atom/WordPress/wp-content/uploads/sites/1203235/2022/07/cropped-CEA-site-icon-32x32.pngOn Behalf of Colorado Employee Advocateshttps://www.coloradoemployeeadvocates.com/?p=474462024-03-28T15:48:58Z2024-03-27T15:47:04ZThe benefits of whistleblowing
Blowing the whistle on your employer can have enormous benefits. This includes:
Protecting your co-workers and the public from wasteful practices and other behaviors that cause physical, emotional, and psychological harm.
Avoiding the implication of criminal liability, which could be imposed if you remain silent about criminal behavior going on at your place of employment.
Securing peace of mind knowing that you’ve done the right thing by calling out bad actors.
Obtaining compensation as a reward for taking the risk to publicly denounce illegal actions facilitated by your employer.
There may be other benefits that you obtain by blowing the whistle, so be sure to fully analyze what you can get out of your claim.
Keep in mind that there are some risks associated with whistleblowing, such as unwarranted discipline, damage to your career, and bad publicity, but these risks are oftentimes outweighed by the potential rewards. Just be sure to discuss your concerns with your attorney so that you can make the decision that’s right for you.
Are you ready to take legal action?
If so, then start thinking about the first steps that you’ll need to take to blow the whistle on your employer. If you’re unsure about where to start, then consider seeking out the assistance you need to get your case off the ground in a way that protects your interests as fully as possible.]]>On Behalf of Colorado Employee Advocateshttps://www.coloradoemployeeadvocates.com/?p=474452024-03-18T15:05:36Z2024-03-18T15:05:36ZWhat are the signs of gender discrimination?
You don’t want to make the mistake of writing off gender discrimination as something less severe. So, if you experience any of the following, then you should recognize them as signs of gender discrimination and consider using them to support legal action:
Job postings infer a gender preference: Men and women should enjoy equal employment opportunities. Sometimes, though, they’re denied opportunities on the front end when employers express a preference for a preferred gender. Oftentimes this preference is implicit, but you should be on the lookout for desired characteristics identified in the job posting that are gender specific. For example, using terms like “aggressive” and “strong” are often used to describe male applicants rather than women.
Job positions seem to be gendered: Even though it may not seem like it, many jobs are still implicitly considered gender specific. Unfortunately, this means that women are often passed over for higher level positions with higher pay for positions that have been traditionally considered more suitable for women, such as assistant and clerical positions. If your employer has gendered positions, then you can use that against them in a discrimination case.
Consistent promotional practices: When your employer promotes, they should do so based on merit. All too often, though, employers act based on gender rather than on each applicant’s ability to do the work. If you notice that people of one gender are often promoted over equally or more qualified individuals of the other gender, then discrimination may be occurring.
Gender-related jokes: You might be tempted to write off off-color humor as nothing more than a poor attempt to get you to laugh, but they can actually be indicative of gender discrimination or sexual harassment. So, be sure to pay attention to how your supervisor and your employer speak to you.
How can you build your gender discrimination case?
To prove your workplace discrimination case, you need evidence demonstrating that your employer treated similarly positioned individuals who are outside of your protected class differently. Your own personal accounts can be helpful here, but you should try to gather other evidence, too. You can subpoena your employer’s records, talk to your co-workers, and use statistics to help you paint a compelling picture for the judge and jury in your case.
]]>On Behalf of Colorado Employee Advocateshttps://www.coloradoemployeeadvocates.com/?p=474442024-03-15T07:30:36Z2024-03-15T07:30:36Zat one point as many as 90% of women and 70% of men in the restaurant industry reported being subjected to sexually harassing behavior.
Why is sexual harassment in the restaurant industry so prevalent?
There are several contributing factors to sexual harassment in this industry. This includes:
A mentality that the customer is always right, which oftentimes deters management from putting a stop to harassing behavior initiated by customers.
A tip-driven income approach that forces harassed workers to suppress their complaints if they want to maximize their income.
Power dynamics that drive employees to stay quiet about harassing behavior out of fear that they’ll be retaliated against, which could include being terminated from their job.
High turnover rates, which means that those who have been harassed against tend to just leave their job rather than report it and take action against it, thereby spurring a cycle of harassing behavior forward.
Regardless of why sexual harassment is so prevalent in the restaurant industry, it isn’t acceptable. That’s why if you’ve been harassed against, you should be prepared to take legal action.
Are you ready to fight for what you deserve after being sexually harassed?
If so, then you need to start building your legal claim. This will require gathering strong evidence and crafting persuasive legal arguments. That might sound like a lot to do, but by being diligent in the preparation of your case, you can find comfort and direction as you move forward with your case.
]]>On Behalf of Colorado Employee Advocateshttps://www.coloradoemployeeadvocates.com/?p=474432024-03-11T07:59:38Z2024-03-01T08:57:33Znew law also strengthens the state’s anti-discrimination laws in several ways. The bill, known as the Protecting Opportunities and Workers’ Rights Act (“POWR”), became effective on August 7, 2023.
Changing the standard for workplace harassment claims
Perhaps the most important provision of the bill is the change it makes in the standard for proving workplace harassment. Under federal law and previous Colorado law, harassment is defined as “severe or pervasive conduct.” The POWR Act changes the definition to conduct that is “subjectively offensive” to the worker bring the claim and “objectively offensive” to members of the same class as the worker alleging harassing conduct.
The Act also defines three conditions of workplace harassment.
Submission to the conduct is explicitly or implicitly made a condition of the worker’s employment.
Acceptance of or objection to the conduct is used as a basis for an employment decision affecting the employee.
The conduct has the purpose of unreasonably interfering with the employee’s work performance.
An employer may defend against a claim of harassment by a supervisor by proving that it had a program in place to prevent harassment and that the employee bringing the harassment claim failed to use it.
Nondisclosure agreements
The POWR Act specifies the requirements for enforcing a nondisclosure agreement against a former employee. To be enforceable, a nondisclosure agreement must apply equally to all parties and must explicitly state that the agreement does not prevent the employee from disclosing facts of an alleged discriminatory or unfair employment practice.
Employees and Applicants with Disabilities
Unlike the majority of the act’s provisions, one section states that an employer is not liable for an adverse employment decision involving a person with a disability if there is no reasonable accommodation that would enable the disabled person to perform the essential functions of the job in question.
The POWR Act creates many new issues for both employers and employees. The advice of an experienced employment law attorney may be essential to assist a party in resolving an employment act claim under the new law.
]]>On Behalf of Colorado Employee Advocateshttps://www.coloradoemployeeadvocates.com/?p=474402024-02-12T20:10:20Z2024-02-14T20:08:49Zworkplace discrimination so that you understand the importance of taking legal action. After all, pursuing a workplace discrimination claim against your employer might be the only way to find accountability and compensation for the harm that’s been caused to you.
The true damage of workplace discrimination
The impact of workplace discrimination is broad. Here are some of the effects that you might feel if you’re subjected to discrimination on the job:
Financial damage: Discrimination might lead to demotion, reassignment, or even termination, any of which can devastate your earnings. This loss of income can disrupt your stability, making it harder for you to afford your home, your car, and your everyday necessities. It could even leave you facing foreclosure and repossession.
Stunted career: Workplace discrimination can stymie your career. As you seek a new job or employment opportunity, you’ll have to explain what happened at your last job, especially if you were demoted or fired. That might be hard to do in a way that protects your interests. And, if you’re discriminated against at your job but stick with your employer, they may never give you the opportunity to realize your full potential. This can make it difficult to advance in your career as you hoped.
Health issues: Dealing with workplace discrimination is stressful, and it can disrupt your physical and mental well-being. In turn, you might experience anxiety, depression, and insomnia, which can negatively impact your productivity and your work performance, but also your relationships with those you love. All this pressure weighing down on you can lead to physical health problems, too. So, be sure to take care of your physical and mental health if you’re being subjected to workplace discrimination.
That’s a lot to contend with, especially as you’re just trying to navigate your employment so that you can retain steady income. But if you’re being or have been subjected to workplace discrimination, then you need to consider taking legal action to protect your interests. Doing so may be your only option for bringing the discrimination to a stop and recovering what you deserve.
Start building your workplace discrimination case now
Thinking about taking legal action can be daunting. But there are concrete steps that you can take to start building your case. This includes:
Keeping a detailed journal of discriminating events.
Talking to witnesses who observed discriminatory behavior.
Discussing the issue with your co-workers to see if they’ve been discriminated against.
Tracking your losses.
By doing these things, you’ll gather evidence that you can use to support a legal claim against your employer. Hopefully then you’ll be able to bring discriminatory behavior to a stop and recoup money for the damages that you’ve suffered.
It can be a hard-fought battle. That’s why you might want to surround yourself with a support network that can help you get through this tough time. As you do so, just remember that you’ll get through all of this and come out stronger on the other side.]]>On Behalf of Colorado Employee Advocateshttps://www.coloradoemployeeadvocates.com/?p=474412024-02-13T15:59:41Z2024-02-13T15:59:41ZFamily and Medical Leave Act or FMLA.
FMLA is a federal law that establishes a set of standards and rights when it comes to unpaid leave for employees with health issues or the need to care for a sick family member. Additionally, local and state laws provide greater protection, often expanding on FMLA.
Who is eligible for FMLA?
It should be noted that FMLA does not apply to all employers and employees. FMLA generally covers employers with 50 or more employees, public agencies with any number of employees and public and private elementary and secondary schools.
To seek FMLA benefits, an employee must meet eligibility requirements. An eligible employee is an employee that has worked for a FMLA covered employer for at least 12 months. Additionally, the employee must have at least 1,250 hours of service in the 12 months prior to FMLA leave beginning.
FMLA basics and reasons for leave
For an eligible employee, FMLA provides them with up to 12 weeks of leave in a 12-month period. Valid reasons for this leave include a serious personal injury or illness suffered by the employee, a serious family medical problem, pregnancy, adoption or the placement of a child from foster care. Employees eligible for FMLA do not need to take the 12 weeks of leave consecutively. Intermittent leave is available.
While an employee’s leave under the FMLA is unpaid, the employer must continue the employee’s health benefits as if they were still actively working. Additionally, a FMLA leave provides job protection. This means that the employer must reinstate the employee to the same or equivalent positions. Additionally, an employer cannot fire or discipline an employee for taking FMLA leave.
Whether you are encountering issues when seeking to take FMLA leave or when you returned from a FMLA leave, it is important to understand your rights as well as the responsibilities of your employer.]]>On Behalf of Colorado Employee Advocateshttps://www.coloradoemployeeadvocates.com/?p=474392024-01-29T16:37:56Z2024-02-01T16:31:15ZNon-compete basics
So, what should you know about non-compete agreements? Well, for starters, it is important to understand the underlying concept of these agreements. Why would an employer want an employee to sign this type of agreement? In essence, it is to make sure that employees don’t leave the employer and then immediately and directly compete in the same area of influence of the employer. And, by area of influence, that means both geographically and in the area of the specific work, like technology or medical fields, for example. Oftentimes, employers try to make these agreements applicable for a certain amount of time.
Some people may be so excited about a new employment opportunity that they don’t pay much attention to these non-compete agreements or clauses. But, if you do that, you may be making a mistake now that will impact you years down the road. Non-compete clauses and agreements may be legal, but that doesn’t mean that you just have to accept them.
Anyone in Colorado who has been offered an employment contract or an agreement that in any way restricts their employment opportunities in the future should be sure to carefully review those documents. Non-compete clauses and agreements must be reasonable to be enforceable.]]>On Behalf of Colorado Employee Advocateshttps://www.coloradoemployeeadvocates.com/?p=474382024-01-15T18:45:21Z2024-01-18T18:44:05Zseveral ways that sexual harassment can impact your life. If you’ve been victimized, then from a mental health perspective you might experience the following:
Anxiety
Stress
Depression
Post-traumatic stress disorder
These conditions may require mental health treatment, and they can negatively impact your performance in the workplace while also disrupting your personal relationships.
As if that’s not enough, there are physical ramifications of sexual harassment, too. This includes:
The development of chronic disease caused by prolonged stress.
The onset of high blood pressure.
Cardiovascular disease.
Some forms of cancer.
These conditions can be painful and costly to treat while also negatively impacting your enjoyment of life.
Yet, there are also consequences for your career when you’ve been subjected to sexual harassment, including:
Using paid time off to avoid further harassment.
Avoiding your social network at work to avoid harassment.
Leaving or being terminated from your job.
Receiving poor performance appraisals that stymie your ability to advance in your career.
Find accountability for your sexual harassment
If so, then now is the time to start gathering evidence and building your sexual harassment claim. Doing so may be the only way to protect yourself from the collateral consequences mentioned above. Fortunately, you can find help in navigating any challenges that you might experience as you take legal action against your employer.]]>On Behalf of Colorado Employee Advocateshttps://www.coloradoemployeeadvocates.com/?p=474372024-01-15T18:42:28Z2024-01-16T18:41:10Ztaking legal action against your employer is to gain a full understanding of the process. This includes the logistical steps in filing and litigating an employment law claim, but it also entails knowing how to gather evidence and avoid making what could be costly mistakes. In this week’s post, we want to focus on the latter.
Although much of the focus in your workplace discrimination case is going to be on gathering and presenting evidence against your employer, you also want to be cognizant of the mistakes you could make that could jeopardize your claim. This includes:
Neglecting to report discriminatory behavior: When you’re being discriminated against, your priority is to bring the behavior in question to a stop. Your first step in doing so is to report the discrimination to your employer. At that point, hopefully action will be taken to protect you. If it’s not, then at least you’ve created a record of trying to get your employer’s help and can capture their response to your request.
Inadequately documenting discriminatory events: If you end up taking legal action for workplace discrimination, then you’re going to have to recall events months after the fact. That can be difficult to do, and the fuzziness of your memories can leave your claim unpersuasive. Therefore, as you experience discrimination and report it to your employer, you should be sure to document the events in detail.
Retaliating against your employer: When you suffer an adverse employment decision because of discrimination or your report of discrimination, it can be tempting to find a way to get back at your employer. However, doing so could land you in trouble, and it could put your legal claim at risk. At best, such retaliatory actions will distract a judge and jury from the discrimination that’s been targeted against you, thereby watering down the power of your claim.
Leaving your job: To get the most out of your employment law claim, you’ll have to demonstrate the full extent of the damages that you’ve suffered. If you voluntarily quit your job, then it might be hard to recover compensation for your lost wages and other damages since you assumed them on your own volition. We know it can be hard, but you should try to hang onto your job as long as possible until you reach some sort of resolution in your case.
You have a lot on the line when you’ve been subjected to workplace discrimination and decide to take legal action. With that in mind, look for the best legal strategies to support your claim. There are a lot of different ways to approach your claim, so take the time needed to find the one that’s right for you. If you need help in that regard, then you might want to have a discussion with your attorney about the advantages and disadvantages of each course of action.]]>On Behalf of Colorado Employee Advocateshttps://www.coloradoemployeeadvocates.com/?p=474362024-01-10T09:39:18Z2024-01-04T09:38:09Zshedding light on protective measures against race and color discrimination.
Understanding Title 7
Title 7 is a federal law preventing employers from discriminating based on several basis, including race and color. It covers entities with 15 or more employees. Title 7 explicitly prohibits discriminatory job advertisements and ensures that employment recruiting agencies refrain from biased practices. It covers all aspects of employment, including hiring, firing, pay, benefits, etc.
Discrimination can manifest in two forms: disparate treatment and disparate impact. Importantly, Title 7 also forbids retaliation against those who report discrimination.
Application to Colorado workers and employers
Colorado workers are subject to both federal and state anti-discrimination laws. In addition to Title 7, Colorado has its own law—the Anti-Discrimination Act. CADA, applicable to employers with 2 or more employees (except for marital status discrimination, requiring 25 or more), encompasses a broader range of categories, including disability, creed, age, and sexual orientation.
Workers facing race or color discrimination can file complaints with either the federal Equal Employment Opportunity Commission or the Colorado Civil Rights Division. The agencies collaborate under work-sharing agreements, allowing information exchange and cooperation.
Timely complaints
Under Title 7, you only have 180 days to file your discrimination complaint after the last discriminatory act occurs. Following this, the agency investigates, seeking resolution through mediation or conciliation. If reasonable cause is found, the agency negotiates with the employer. If settlement attempts fail, the agency may initiate a lawsuit or issue a right-to-sue letter for the worker to file a personal lawsuit.
Conclusion
Title 7 stands as a robust shield, defending Colorado residents against race and color discrimination in the workplace. If you believe you are a victim of such discrimination, vindicating your rights immediately is crucial.
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