To Sue For Discrimination, You Must Belong To A ”Protected Class”
Perhaps no issue causes greater difficulties in employment law than the problem of discrimination. Unlike discrimination as understood by the layperson and in the everyday nonlegal world, the legally actionable category of illegal ‘discrimination’ constitutes a technical and narrow area of the law. So far as the law is concerned, very few acts of regular discrimination count as the type of legal discrimination for which you can sue an employer.
What Qualifies As A Protected Class?
To establish a claim of legally actionable workplace discrimination, you need to prove that an employer took a negative action against you because of your membership in a protected group. You must belong to any of the “protected classes”:
- Race
- Color
- Religion
- National origin
- Sex
- Disability
- Age (over 40)
- Creed
- Sexual orientation
- Marital status
- Ancestry
- Familial status
If you are not a member of one of the ‘protected classes’, then you cannot sue for officially defined legal discrimination. To help further clarify these issues, we provide a discrimination questionnaire for your review.
There is also a causal requirement: if you are discriminated against and you are a member of a protected class, then the discrimination against you must have been based on your membership in the protected class. Simply being discriminated against, plus being a member of a protected class, is insufficient to sustain an official legal discrimination claim.
What Are Adverse Employment Actions?
You must show that you suffered a tangible negative impact on your employment. A bruised ego or a rude comment is rarely enough on its own. Below are examples of these actions:
- Economic harm: Termination, demotion, salary reduction or denial of a raise
- Career harm: Failure to hire, denial of promotion, transfer to a less prestigious position or exclusion from critical training
The law also protects you from any retaliatory actions that would “dissuade a reasonable worker” from making a complaint.
Filing A Discrimination Complaint In Colorado
If you suspect discrimination, report it internally first to create a record and trigger legal protections against retaliation. If the issue remains unresolved, you can file a complaint.
In Colorado, you generally have 300 days from the date of the discriminatory act to file a charge with the Colorado Civil Rights Division (CCRD) or the EEOC. Failure to file within this window typically bars you from pursuing a lawsuit.
When filing the complaint, you must show that the adverse action happened because of your protected class. Provide direct evidence of disparate treatment or any suspicious timing.
Contact A Denver Employment Discrimination Attorney Today
Discrimination claims are sensitive and legally complex. At The Litigation Boutique LLC, we provide strategic, confidential counsel for dedicated employees seeking fair treatment,
If you have been discriminated against because you are a member of a protected class, please call our Colorado firm at 303-578-2833 to discuss your questions. You can also schedule an initial consultation with our firm by contacting us online.