Workplace discrimination is a serious issue that affects employees across industries. Fortunately, employees in Colorado are protected by the Colorado Anti-Discrimination Act (CADA). This law offers safeguards against unfair treatment in the workplace based on various protected characteristics. In this blog, we’ll explore your rights under CADA law, how it differs from federal protections, and what steps you can take if you face discrimination.
What is CADA Law?
CADA law refers to the Colorado Anti-Discrimination Act, which provides protections for employees against discrimination based on race, color, creed, religion, national origin, ancestry, sex, age, disability, sexual orientation, gender identity, and marital status. It applies to all Colorado employers, regardless of size, making it more inclusive than federal anti-discrimination laws.
Unlike federal laws such as Title VII of the Civil Rights Act, which only apply to employers with 15 or more employees, CADA law ensures protection even for employees in small businesses. This expanded coverage makes it an essential tool for fighting workplace discrimination in Colorado.
Protections Offered by CADA Law
Under CADA law, employees are safeguarded against discriminatory practices in various areas, including:
- Hiring and Firing
- Employers cannot refuse to hire or terminate employees based on protected characteristics.
- Promotions and Demotions
- Employees must be treated fairly during promotions and cannot be demoted based on discriminatory practices.
- Compensation and Benefits
- Employers must provide equal pay and benefits without discrimination.
- Workplace Harassment
- Harassment, including verbal abuse or hostile work environments based on protected traits, is prohibited.
- Retaliation Protections
- Employees are protected from retaliation if they file a complaint under CADA law or participate in an investigation.
How Does CADA Law Differ from Federal Anti-Discrimination Laws?
While federal laws such as Title VII and the Age Discrimination in Employment Act (ADEA) provide anti-discrimination protections, CADA law offers broader coverage and applies to:
- All Employers: Unlike federal laws, which require a minimum number of employees, CADA law applies even to businesses with fewer than 15 employees.
- Additional Protections: CADA explicitly includes gender identity and sexual orientation as protected classes, which are not always covered under federal laws.
- State-Specific Remedies: Employees may seek damages through state courts, often providing quicker resolutions compared to federal cases.
How to File a Discrimination Claim Under CADA Law
If you experience workplace discrimination, you can take legal action under CADA law by following these steps:
- Document the Discrimination
- Keep records of incidents, including emails, conversations, and performance evaluations that demonstrate discriminatory behavior.
- Report Internally
- File a complaint with your HR department or supervisor. Many companies have internal processes to address such complaints.
- File a Complaint with CCRD
- If internal reporting does not resolve the issue, file a formal complaint with the Colorado Civil Rights Division (CCRD). Complaints must be filed within six months of the discriminatory act.
- Investigation and Mediation
- The CCRD will investigate your complaint and may attempt to mediate a resolution.
- Litigation
- If the matter is not resolved, you may receive a “Right-to-Sue” letter, allowing you to take legal action in state court under CADA law.
Common Examples of Violations Under CADA Law
Examples of workplace discrimination that violate CADA law include:
- Denying promotions to older employees in favor of younger, less qualified candidates.
- Paying female employees less than their male counterparts for the same work.
- Refusing to provide accommodations for employees with disabilities.
- Harassing LGBTQ+ employees based on their sexual orientation or gender identity.
- Retaliating against employees who report discrimination.
Remedies Available Under CADA Law
Victims of workplace discrimination under CADA law may be entitled to the following remedies:
- Back Pay: Compensation for lost wages due to discrimination.
- Reinstatement: Returning to your previous position if you were wrongfully terminated.
- Compensatory Damages: Coverage for emotional distress caused by discrimination.
- Attorney Fees: Reimbursement of legal costs associated with the case.
How an Attorney Can Help with CADA Law Claims?
Navigating the legal process can be challenging without professional help. An attorney experienced in CADA law can:
- Assess the strength of your case and advise on evidence collection.
- Represent you during mediation with the CCRD.
- File lawsuits and advocate for maximum compensation.
Hiring a knowledgeable attorney ensures that your rights under CADA law are fully protected throughout the process.
Conclusion
Workplace discrimination can have lasting effects on your career and well-being. Fortunately, CADA law provides comprehensive protections for employees in Colorado, ensuring fairness and equality in the workplace. If you’ve experienced discrimination, don’t wait—take action to protect your rights.
Whether you need help filing a claim or want to explore your legal options, our experienced attorneys are here to guide you every step of the way. Contact us today for a free consultation and let us help you fight for the justice you deserve under CADA law.
Call to Action:
Have questions about your rights under CADA law? Contact our attorneys today for expert legal advice and representation!
