Denver Colorado Employment Discrimination Defense Lawyers
Vigorous Defense Law Firm for Colorado Employer Rights
Colorado employers have invested a substantial amount of time and resources to keep the business operations going and to maintain profitability. Failure to comply with federal and state employment law and discrimination rules can have your efforts vanish before your eyes. The EEOC receives thousands of employment discrimination complaints every year. If you are a Colorado employer, don’t wait until there is an EEOC claim filed against you to hire an employment defense attorney.
The Denver law firm of Theodore Watson & Associates, LLC represents Colorado employers that wish to take a proactive approach that minimizes lawsuits. In addition, our attorneys defend employers in cases pertaining to employment discrimination, sexual harassment, discrimination based on race, gender, religion or national origin, and wrongful termination. Our lawyers provide employment law training for Colorado employers and draft important documents such as employee handbooks (employment manuals) and more. We also offer:
- Free Initial Consultations
- Immediate Response to Pending Issues
- Candid and Honest Advice
- Competitive Rates
Our Denver law firm has earned the reputation as the “go-to” firm for employment law advice simply because of our substantive skill and knowledge in this area. We provide the same level of defense as the large law firms but provide more competitive rates.
The following information is collected from the EEOC to provide Colorado employers with information about discrimination and unlawful practices. Contact our Denver employment law lawyers and employer rights attorneys for immediate representation at 720.941.7200.
Defense Against Prohibited Practices
Colorado employers must be fully aware of their limitations and rights when hiring, firing, promoting or other actions against employees.
According to the EEOC, it is illegal to discriminate against an applicant or employee solely because of their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Employers in Denver or throughout Colorado also cannot to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The Colorado employment defense law firm at Theodore Watson & Associates ensures that medium and large corporations are well-trained in these areas of law.
The Shock of Receiving Notice of a Discrimination Claim from the EEOC
Employers are often shocked when they receive a notice of discrimination charge from the EEOC. The immediate response is to write a response without advice of an employment defense attorney. This is a critical stage and if not handled correctly, may lead to costly judgments at trial. Failure to adequately defend and respond to the EEOC charge will be a critical part of any lawsuit filed in state or federal court. Our employer defense lawyers take this step very seriously. Employers should not hope that the issue just disappears. The following is a summary of EEOC claims filed against employers in 2009.
Total Charges Filed – 93,277
- Race discrimination charges – 33,579 (36%)
- National Origin discrimination charges – 11,134 (11.9%)
- Religion – 3,386 (3.6%)
We Offer Comprehensive Employment Law Defense Services
Employers want to know that their defense attorneys have their interests as their top priority. Theodore Watson & Associates, without exception, does business no other way. Our Denver employer defense lawyers provide a wide array of employment law legal services that include:
- Vigorous litigation defense
- Developing proactive internal discrimination policy
- Drafting employment handbooks
- Advising on employment related contracts
- Defending discrimination charges and EEOC investigations
- Protection at Every Stage
What Can Employers Do To Protect Themselves?
Theodore Watson & Associates educates clients on how to minimize litigation. The first step is documentation, documentation, documentation. Keeping sound employee files is critical to your defense in the event of a lawsuit. Secondly, ensure that any adverse action against an employee is not based solely on race, gender, national origin – or any protected class. Third, ensure that your staff is trained frequently, this includes refresher training.
The general rule is that an employer must show a non-discriminatory reason for any adverse action against an employee. The U.S Supreme Court laid out the criteria in McDonnell Douglas Corp. v. Green. This case set the stage for employment law litigation.
Discrimination Litigation
Colorado employers must be aware of the complex set of laws that can implicate them and impute liability for employment litigation. Failure to have an employment defense attorney representing you can cost huge jury verdicts in federal or state court. We avoid this result at all cost. If you receive notice of a discrimination charge from the EEOC, it will more than likely result from one of the following allegations.
Age Discrimination
Age discrimination in Colorado involves treating someone (an applicant or employee) less favorably because of his or her age.
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It generally does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination. These types of complicated rules give you an idea why you need an employer defense attorney at your side.
It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older. It is also unlawful for employers to harass a person because of his or her age.
Harassment can include offensive remarks about a person’s age. Such harassment generally does not include:
- Simple teasing
- Offhand comments
- Isolated incidents that aren’t very serious
Age harassment is illegal when it is frequent or severe enough that it creates a hostile or offensive work environment or when it results in an adverse employment decision where the victim is fired or demoted.
If you are subject to a claims for age discrimination, contact the Denver employer rights lawyers at Theodore Watson & Associates, LLC today.
Race Discrimination Defense
According to the EEOC, race discrimination involves treating someone (an applicant or employee) unfavorably because he or she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion. As an employer, your liability can be implicated when you fail to adhere to such rules. Having a skilled employment defense law firm on your side will drastically minimize your risk.
In Colorado, employers must be aware that race or/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color or because of a person’s connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color.
Race/Color Discrimination & Work Situations: Colorado and federal law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Race Color Discrimination & Harassment: It is unlawful to harass a person because of that person’s race or color.
Harassment can include, for example, racial slurs, offensive or derogatory remarks about a person’s race or color, or the display of racially-offensive symbols. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Pregnancy Discrimination & Harassment
It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. Our Denver employer defense attorneys often advise client that they can be liable for the actions of supervisory or other employees.
Pregnancy, Maternity & Parental Leave
Under Federal law, if an employee is temporarily unable to perform her job due to pregnancy or childbirth, the employer must treat her same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.
If an employer provides personal leave for other reasons, e.g., to take courses or other training, then the employer must grant personal leave for care of a new child.
An employer may not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work. However, if an employer requires its employees to submit a doctor’s statement concerning their ability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
Employers must have a sound understanding of employment discrimination laws and it may harm the company and its reputation. Having an experienced employer defense attorney to protect your rights is paramount to your business success. In order to succeed in defending sexual harassment, race and gender discrimination claims, you should seek protection at every stage (from beginning to end).
Mediation
Some Colorado employment law cases can be resolved through mediation. This avenue is less costly and can also avoid huge company exposure. Our defense lawyers will defend you in mediation if necessary and all the way to litigation.
Employment Manual/Handbook Preparation
Very few Colorado employers have employment handbooks to educate their employees about internal policies or advise them about their rights against employment discrimination in the workplace. This can be a fatal mistake if you are later charge with a claim from the EEOC.
Our Denver employment law defense attorneys prepare employment manuals (employee handbooks) that cover important aspects of the workplace including:
- Organization structure
- Company policies
- Employee duties and responsibilities
- Codes of conduct
- How to handle discrimination complaints
- Employee rights
- Policies against harassment
If you do not have an employee handbook in place, contact one of our Denver employment law attorneys immediately at 720.941.7200
Employment Discrimination Training and Support
The best way to minimize having to defend a discrimination lawsuit is to provide adequate training for supervisors, managers and employees. A fatal blow to an employer’s defense is failure to train supervisors and managers. Employers can be held responsible for the actions of their employees.
The Colorado employment defense attorneys at Watson & Associates can provide on-site training on the various matters litigated in employment discrimination lawsuits.
We provide support as outside counsel in matters such as employment handbooks, independent contractor matters, non-compete agreements and other employment contract matters.
Cost-Effective Legal Representation
Although defense litigation can be expensive, our law firm focuses on resolving complaints at the earliest stages. We should not get to trial unless there is no other possible resolution. Our lawyers focus on necessary expenses and not just billable hours.
Contact us
If you faced with a Colorado employment discrimination claim and need a employer defense law firm on your side, contact our employment defense attorneys at 720.941.7200.
We serve employers in Colorado counties including Adams, Alamosa, Arapahoe, Archuleta, Baca, Bent, Boulder, Broomfield, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Denver, Dolores, Douglas, Eagle, Elbert, El Paso, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Jefferson, Kiowa, Kit Carson, Lake, La Plata, Larimer, Las Animas, Lincoln, Logan, Mesa, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Pueblo, Rio Grande, Rio Blanco, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington, Weld, and Yuma.
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