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Colorado Employment Discrimination Questions & Answers
0 Answers | Asked in Employment Law and Employment Discrimination for Colorado on
Q: Can an employer make hiring decisions based on my salary history?

I recently accepted a job at a large IT business in Denver, CO. I live in Atlanta, GA and will move to perform this job.

After I accepted the job, the employer advised I need to complete their background check through a 3rd party company. The check requires evidence of salary history... View More

Q: I submitted a hour and wage and demand paperwork to my ex boss and I have heard anything back and plus she threw my
James L. Arrasmith
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answered on Mar 30, 2024

It sounds like you're dealing with a challenging situation regarding your former employer. When you've reached out with important documentation regarding hours worked and wages owed, but haven't received any response, it can feel disheartening and frustrating. If your documentation... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Employment Discrimination for Colorado on
Q: Was it against the Constitution Or the Nuremberg codeTo require a experimental vaccine for employment.

The Nuremberg code Was adopted by the United States after the atrocities that happened during World War II and before in Nazi Germany. With that was the vaccine mandate illegal?

James L. Arrasmith
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answered on Feb 28, 2024

It's important to recognize that legal interpretations and implications of vaccine mandates for employment can vary and may be subject to debate. The Constitution and the Nuremberg Code serve as guiding principles, but their application to specific situations can be complex and nuanced. While... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I made a Discrimination complaint and I'm wondering if this is retaliation?

I have reasonable belief that my employer discriminated against me while pregnant. My supervisor said "we paused on promotion to get you through your pregnancy" I made a complaint and have since then tried to gather evidence to protect myself as I am young and have never experienced this.... View More

James L. Arrasmith
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answered on Jan 31, 2024

Based on the description provided, it does sound like you may be experiencing retaliation as a result of your discrimination complaint. Retaliation occurs when an employer, through a manager or another employee, takes adverse action against an employee for engaging in a protected activity, such as... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: My husband works for Walmart and recently they have been asking people if they can work Sundays but we are Jehovahs

Witness and my husband said he couldn't since we attend church and now they have given him 23 hours and him and others feel like they are being threatened for saying no

John Michael Frick
John Michael Frick
answered on Sep 13, 2023

You might have a claim based upon religious discrimination but any such claim will be hampered by the fact that Jehovah Witnesses, unlike some other Christian denominations, do not follow a strict "Sunday-Sabbath" rule which discourages members from working on Sundays as a part of their... View More

1 Answer | Asked in Employment Discrimination for Colorado on
Q: I was wondering if I had a case against my employer. I work at a grocery chain

About 2 months ago I was yelled at on the sales floor by a district manager. A customer witnessed and complained to a cashier how I was being treated. I submitted an HR ticket about the incident. No response from HR with witness statement, district manager stops talking to me. I submit a 2nd HR... View More

John Michael Frick
John Michael Frick
answered on Jul 6, 2023

It is unlikely you have any sort of claim. You have made a complaint to HR, and it appears HR is investigating your complaint.

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: Was diagnosed with cancer & my employer has had me call out since they were informed and now removed me fr schedule?

This is happening to my brother who has cancer and he has been denied going to work since informing his work. What are his rights and next steps?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

The issue is whether he is a Qualified Person with a Disability- able to perform the essential functions of his job. These facts certainly sound like the employer has violated the Federal ADA and possibly CO state laws too. He is entitled to a reasonable accommodation for a physical disability and... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: My employer has been making me work full time + weekend; but paying me 1099. Is this legal?

I was hired by a company as an intern. I was then granted access to a percentage of my clients. At the start of 2022. My employer sent us a work agreement where he stated we had to agree to 40 hours in office + occasional nights and weekends. He then proceeded to pay us all year in 1099. Ive now... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 15, 2023

If you were paid via 1099 and classified as an independent contractor, you should reach out to a Colorado employment attorney to discuss your situation in more detail. You may have been misclassified as an independent contractor when, in reality, you should have been classified as an employee... View More

1 Answer | Asked in Employment Discrimination for Colorado on
Q: Can employers refuse to hire spouses or partners solely on that basis and dispite the fact that they are qualified?

We are scientists of equal caliber and the job would involve independent research activities at this Fortune 500 company. We could work in a number different departments for different supervisors in different labs. During an initial interview my partner was told he was highly qualified and... View More

Jason Thomas Olivier
Jason Thomas Olivier
answered on Aug 2, 2022

Each state has different laws, but in general anyone can hire whomever they want as long as they do not run afoul of discrimination laws.

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: I was on FMLA leave for almost a month now that im back ive been told i am not allowed to do overtime in most areas

The illness that required it was my mothers and it was sudden i gave as much notice as i could. I have been told by my supervisor i can do overtime in my main area but am forbidden from doing it elsewhere indefinitely because of my use of leave

Carrie Dyer
Carrie Dyer
answered on Nov 17, 2021

It sounds like your employer may be violating the Family Medical Leave Act. An employer cannot use your FMLA leave as a negative factor in making an employment decision that impacts your ability to earn income. More information is needed to analyze your situation. You should contact an employment... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Colorado on
Q: Needing to find a lawyer for wrongful termination, discrimination and retaliation against a company policy. HELP?!

I was just terminated due to violating company policies. Supervison stated I wasn’t following their company credit card policy procedures due to one transaction I had that was over $150,000 when another director(manager) was there during this transaction as well. The policies were never explained... View More

Niran Grimberg
Niran Grimberg
answered on Oct 3, 2021

A lot more needs to be known regarding your situation in order to assess whether you have any legally actionable claims. I highly recommend you have a free consultation with an employment attorney so see whether you have been discriminated or retaliated against for any unlawful reasons.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: Am I experiencing pregnancy discrimination when being forced to take a 60k pay cut or immediately take FMLA?

I am currently 6.5 months pregnant, and have been granted an accommodation by my workplace to complete my work remotely for the duration of my pregnancy. In January, during my first trimester, I started to experience severe motion sickness that limited my ability to complete my 45 minute drive to... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 28, 2021

Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Colorado on
Q: I was fired the first week of training for being blamed on not properly working the new tech platform correctly, Case?

The first week of training I was blamed for not working the tech platform up to their standards. The tech Platform was new and kinks were being worked out. I was blamed for their troubles/kinks on the platform. They made excuses and said beside I showed no interest in the position in training.... View More

Carrie Dyer
Carrie Dyer
answered on Mar 17, 2021

While unfair, there is likely no legal claim available to you based on the information you provided.

1 Answer | Asked in Products Liability and Employment Discrimination for Colorado on
Q: Is this a case you can take and win?

I bought an electric Mtn-bike:

I attempted to return the bike within the allotted time (30-days), but the E-bike company kept avoiding my request and offered to send me out more brake pads.

Return Policy:

The Ebike X-Treme return policy is clear. After you used the bike it... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2021

A Colorado attorney could advise best, but your question remains open for two weeks. I hope your son is okay. In terms of your question, no one could answer that based on these facts alone. One would need more information in terms of why the bike couldn't stop, among other issues.... View More

1 Answer | Asked in Animal / Dog Law, Employment Discrimination and Employment Law for Colorado on
Q: I live in Colorado, am I allowed time off work if my dog passed away. I got fired for coming in late the day he was died

The day my dog died I had taken him to the vet in the morning for a follow up check up I called into work to let them know I was going to come in late and I was going to make him stable comfortable and I will come in to work to finish my shift, I got fired that day and their excuse was lack of... View More

Juliet Piccone
Juliet Piccone
answered on Aug 22, 2020

You have no right to work in the state of Colorado period. Your dog has the same legal status as a toaster. Sorry.

Q: An interviewer of a fortune 500 company told me i couldnt do the job because of my disability
Carrie Dyer
Carrie Dyer
answered on Jun 10, 2020

Your question does not provide enough detail to analyze whether this would violate the law. If you are an otherwise qualified individual who was not offered the position because of your disability, then you may have a claim under the Americans with Disabilities Act. However, you would not be... View More

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I complained about gender discrimination at work & it just got worse & my boss emailed my recorded personal calls to

other employees. We were told he only recorded us to listen in sales meeting to our conversations with clients & prospects. I am in shock & humiliated & frustrated. I need to know my rights in Colorado on gender discrimination in the workplace & wire tapping laws.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 11, 2020

You may have a retaliation claim based on your complaint of sex discrimination under Title VII of the Civil Rights Act of 1964. In order to establish this claim, you'll need to prove (1) you complained of sex discrimination, (2) your employer took an adverse action against you, and (3) there... View More

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0 Answers | Asked in Employment Discrimination and Employment Law for Colorado on
Q: What are the rights of an employee dealing with harassment from independent contractors?

I work as a dispatcher and am employed with the company. My dispatch team and I are consistently being harassed by independent contractors that are in contract with the Head quarters of the company. All we do is send orders to the next available driver. We receive about 50 messages a shift... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Colorado on
Q: Can an establishment, such as fast-casual restaurants, discriminate against age?

My mother is 42 years old and had an interview at Qdoba Mexican Grill in Colorado Springs, CO. They told her she was too old for the job and sent her home. It is my understanding that this is not legal, is this true?

Adam Kielich
Adam Kielich
answered on Jan 21, 2018

It is unlawful for a business to discriminate against applicants over the age of forty on the basis of the applicant's age. An employer may be liable to an applicant refused a job on the basis of age if the employer employs more than the minimum threshold under federal and state law. Your... View More

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