While discrimination by employers with any amount of employees is illegal; until recently, the law in Colorado made a distinction between employers with fifteen or fewer employees. The previous law limited available remedies, even in cases of intentional discrimination, to those damages which "make the employee whole," namely earning back pay or getting their position back.
Running a business can have a seemingly endless supply of challenges and legal issues that an owner must confront. In the interest of creating and maintaining the success of a business, there are times when an employer must make unpopular choices to protect his or her professional and personal interests. It is therefore very important to consult with a legal professional prior to making these decisions in order to avoid a lengthy and costly lawsuit.
In Colorado, as elsewhere, discrimination in the workplace is against the law. However, simply because an employee claims that they have been the victim of discrimination does not make it true.
There may be times when the facts surrounding a wrongful termination case can be fairly cut and dry. Then, there are those times when a "he said, she said" case comes along. This type of wrongful termination case can be virtually impossible to prove, one way or the other, without witnesses to the alleged behavior. Such was the case in Colorado when a former employee of the Trinidad Ambulance District filed a civil suit against the district, its director and a paramedic for alleged sexual harassment and racial discrimination. The complaint was filed on Oct. 20 in the Las Animas County District Court.