Colorado Employee Advocates Colorado Employee Advocates 2026-09-11T15:35:02Z https://www.coloradoemployeeadvocates.com/feed/atom/ WordPress /wp-content/uploads/sites/1204568/2022/07/cropped-CEA-site-icon-32x32.png On Behalf of Colorado Employee Advocates <![CDATA[What should you do if you witness workplace harassment?]]> https://www.coloradoemployeeadvocates.com/?p=48013 2026-09-11T15:35:02Z 2026-09-11T15:35:02Z Take note of what you personally witnessed Write down an accurate account of what happened while the details remain fresh. Note the date, time, location and people involved, along with the specific words or actions you observed. Stick to what you personally saw or heard rather than guessing about someone's intentions or repeating information from other employees. Your notes can help you remember important details later if your employer asks you about the incident.

Preserve relevant records and communications

Keep any records that directly relate to what you witnessed. Depending on the situation, these could include:
  • Emails or text messages
  • Workplace communications
  • Photographs or screenshots
  • Schedules or other records showing who attended an event
Do not alter or create records to strengthen someone else's account. Preserve what you already have and keep your personal notes somewhere secure.

Support your coworker without speaking for them

Let your coworker know that you saw what happened and offer appropriate support. You can listen and let them know you will provide an honest account if someone asks what you witnessed. Avoid pressuring them to report the conduct or deciding for them what they should do. You should also avoid discussing the incident with other coworkers who did not witness it. Limiting unnecessary discussion can help protect everyone's privacy.

Report what you witnessed through the appropriate channel

Follow your employer's reporting procedure if you decide to report the incident. Check your employee handbook or workplace policies to find the appropriate person or department. When you report, describe what you personally observed without exaggerating or making legal conclusions. Your employer may later ask you questions as part of an investigation. Answer honestly and provide relevant records when requested.

Know your rights as a witness

You may have legal protection if your employer retaliates against you for participating in a discrimination investigation or opposing unlawful discrimination. The EEOC recognizes participation in an investigation of workplace discrimination, including serving as a witness, as protected activity under federal law. Retaliation can include punishment or other negative treatment because you participated in a protected process.

Don't stay silent when you can help

If you witnessed workplace harassment, you do not have to handle the situation alone. Keep an accurate record, preserve relevant information and provide an honest account if an investigation follows. If you worry that reporting what you saw could affect your job, reviewing your circumstances with an attorney can help you understand your rights and available options.]]> On Behalf of Colorado Employee Advocates <![CDATA[Discrimination at work based on national origin]]> https://www.coloradoemployeeadvocates.com/?p=48012 2026-09-10T18:33:18Z 2026-09-10T18:33:18Z National origin is a protected class in the workplace. The U.S Equal Employment Opportunity Commission (EEOC) prohibits treating a job applicant or employee differently because of their national origin. This is also prohibited under the Colorado Civil Rights Division via the Colorado Anti-Discrimination Act (CADA). Here is what to know about this form of discrimination:

How does it happen?

Discrimination based on national origin involves treating a worker unfavorably because they are from a particular country/part of the world or because of their ethnicity/accent. Or because they appear to be of a certain ethnic background, even if they are not. For instance, because of their surname, physical appearance or where they went to school This can happen during hiring, promotions and dismissal. It’s also seen when it comes to workplace policies, compensation, and assignments of duties/shifts. For example, when an employer:
  • Posts a job ad stating a preference for foreign workers over American workers
  • Asks a job applicant who was born and raised in the country, which year they moved to the U.S.
  • Makes an employment decision based on an employee’s accent when it does not materially interfere with their ability to perform the job
  • Pays employees of a particular national origin or ethnicity less
  • Enforces an English-only rule when not justified by a legitimate business necessity
  • Refuses to assign employees of a particular ethnicity or accent to client-facing roles
  • Disciplines a foreign worker more harshly than an American one for the same infraction
  • Dismisses employees because clients express a preference for an “All-American” profile
National origin discrimination also includes treating someone unfavorably because they are married to or associated with a person of a certain national origin. Note that discrimination can still occur when the victim and the perpetrator are of the same national origin.  If you believe you have experienced this form of discrimination at work, get more information to protect your rights.    ]]> On Behalf of Colorado Employee Advocates <![CDATA[What happens after you report sexual harassment at work?]]> https://www.coloradoemployeeadvocates.com/?p=47994 2026-08-25T15:40:52Z 2026-08-25T15:40:52Z Sexual harassment at work can happen in many ways. A coworker may make unwelcome comments about someone’s looks, an employer may suggest a promotion for sexual favors or an employee may be inappropriately touched. When an employee experiences sexual harassment at work, they can report the incident. A sexual harassment report can protect an employee from further harassment and hold the harasser accountable for their actions. Employees can learn more about what happens when they report sexual harassment by reading the following:

Investigating the incident 

After a sexual harassment report is made, the employer or HR is responsible for protecting their employee by reviewing and investigating the complaint. The harassed employee may be asked several questions during the investigation process. This can help the employer or HR further investigate the incident.  The employer or HR may want to know what happened, when it happened and who was involved. It can help the investigation to provide names of anyone who may have witnessed the harassment. Text or email correspondence from the harasser can help with the investigation.  Any information given to the employer or HR should be kept confidential. This protects the employee from facing repercussions or further harassment from the harasser.

Corrective measures

Once the investigation concludes, the employer or HR should determine if the harassment violated company policies or laws. If so, they should take immediate corrective measures to protect the harassed employee.  If an employer or HR does not take action to protect an employee, professional legal guidance may be necessary. Legal guidance can help protect an employee and hold a harasser and company liable. ]]> On Behalf of Colorado Employee Advocates <![CDATA[How do choice-of-law clauses affect remote technology workers?]]> https://www.coloradoemployeeadvocates.com/?p=47991 2026-08-16T01:20:53Z 2026-08-16T01:20:53Z legal professional review your related employment agreement(s). The law identified in a contract does not always determine whether a non-compete can be enforced.

Why remote technology roles create special concerns

A choice-of-law clause identifies which state’s laws will govern an agreement. Employers include these provisions to create consistency across contracts issued to employees in different locations. Technology employees frequently work with source code, product road maps, customer information and proprietary systems. Therefore, employers have legitimate reasons to protect confidential business information. A broadly written covenant could prevent an employee from working for any business described as a competitor. In the technology sector, that definition may cover an enormous range of companies. It may also fail to distinguish between an employee’s former responsibilities and an unrelated role with a new employer.

Does Colorado law protect Denver-based remote workers?

Colorado usually limits non-compete agreements unless they fall within a statutory exception and satisfy the applicable requirements. Permitted restrictions may include:
  • Certain agreements involving highly compensated workers
  • The purchase and sale of a business
  • The recovery of specified training expenses
Colorado law also addresses attempts to apply another state’s rules to workers with substantial ties to Colorado. A covenant may not require a worker who primarily resided and worked in Colorado when employment ended to have the dispute decided outside the state. A choice-of-law clause can complicate a Denver technology worker’s transition to a new employer, but the state named in the contract does not necessarily have the final word. Early legal guidance may help you move forward without unknowingly violating a continuing contractual obligation.]]> On Behalf of Colorado Employee Advocates <![CDATA[What is the deadline to report workplace harassment in Colorado?]]> https://www.coloradoemployeeadvocates.com/?p=47988 2026-08-06T13:18:43Z 2026-08-12T13:13:40Z Federal and state filing deadlines If you choose to file a complaint with the Equal Employment Opportunity Commission (EEOC), you generally have 300 days from the date of the harassment to submit your charge. The EEOC handles complaints involving discrimination and harassment based on protected characteristics such as race, gender, religion, age or disability. Colorado's Civil Rights Division (CCRD) also accepts employment discrimination and harassment complaints. Like the EEOC, the CCRD generally allows 300 days from the date of the alleged harassment to file a charge. Many people submit charges to both agencies through a process called dual filing. The agencies often coordinate their investigations, which can help satisfy both federal and state filing requirements. If you miss the filing deadline, you may lose the right to pursue certain claims. The filing period usually begins on the date of the most recent harassing incident. In some cases involving ongoing harassment, the deadline may be calculated differently.

Internal reporting considerations

Government agencies are not your only reporting option. Most employers also have internal procedures for handling harassment complaints. Company policies may set their own reporting process and encourage employees to notify the employer as soon as possible. Reporting the harassment to your employer does not replace filing with a government agency, but it can create an important record of what happened. It also gives your employer a chance to investigate the complaint and address the problem. Many employers assign human resources staff or other designated employees to handle harassment complaints. Your employee handbook can explain your company's reporting procedures.

The importance of prompt action

Although the law provides time to file a complaint, acting sooner often helps. Witnesses may forget important details or become unavailable. You may also have a harder time finding emails, text messages and notes about the incidents. Reporting the harassment early can make evidence easier to preserve and evaluate.

Protecting your rights at the workplace

Understanding Colorado's reporting rules helps you make informed decisions after facing workplace harassment. You generally have 300 days to file an employment harassment complaint with either the EEOC or the CCRD. Your employer may also have its own reporting procedures. Acting promptly can help preserve evidence, protect your legal options and support a more effective response to workplace harassment.]]> On Behalf of Colorado Employee Advocates <![CDATA[An employer can discriminate during the recruitment process]]> https://www.coloradoemployeeadvocates.com/?p=47989 2026-08-10T01:20:27Z 2026-08-10T01:20:27Z recruitment process. Here are some examples of what that can look like.

Subtle language in the posting designed to stop you from applying

Most people who are looking for work skim over a whole host of job postings before settling on one they do apply for. This makes sense to some degree, as there is generally no point in applying for jobs for which you are totally unqualified or lack appropriate experience. Yet some postings are designed to put off people because of one or more of their personal characteristics such as age, sex, gender, race or a disability. An example might be a tech company looking for people who it believes will fit right in with the young crowd it currently has. Those writing the posting are aware they will get in trouble if they write “under 30s only,” so they word their ad carefully to make it unattractive to anyone older. Even something such as saying they're looking for people who are "tech savvy" or "high energy" could help them achieve this.

A recruitment event they know you are unlikely to attend

Perhaps that same firm schedules their initial recruitment event at midnight in a VIP section of the local nightclub. Someone in their 60s could still attend,  but the hope is that most would be put off by the late hour or the music or be turned away from the venue itself by the bouncers. If you suspect an employer’s hiring practice is discriminatory, you may want to seek experienced legal guidance to understand more. You deserve a fair chance at applying for any job you are suitably qualified for, and your protected characteristics should not come into the equation.]]> On Behalf of Colorado Employee Advocates <![CDATA[Signs your promotion is held back because of racial discrimination]]> https://www.coloradoemployeeadvocates.com/?p=47987 2026-07-16T06:55:56Z 2026-07-16T06:55:56Z Is your employer holding back your career? Discriminatory employers might use subtle and discrete tactics to mistreat their employees based on race. Here are some common signs that show you are being passed over because of racial bias, including:
  • Management promoting less-qualified colleagues: Seeing peers with less experience and low performance ratings getting ahead of you
  • Unequal access to opportunities: Being left out from high-profile projects, client accounts or specialized training programs that can lead to career advancement
  • Exclusion from career-building opportunities: Missing out on mentorship programs, networking events or strategy meetings where crucial decisions are made
  • Frequent “culture-fit” feedback: Getting vague criticism on one’s personality or style of communication rather than objective evaluation of your performance
A rough shift at work, being passed over a promotion or a negative review from the employers could also just be a coincidence. However, if you suspect discrimination at work due to racial biases, keeping a record of workplace events could help you clarify the situation and protect your rights.

Protecting your career

Being passed over for a promotion you earned is not just a professional setback; it feels like an attack to one’s worth, especially when it's based on racial discrimination. If you had a similar experience a skilled attorney could help you understand your legal options moving forward and next steps toward ensuring justice.]]> On Behalf of Colorado Employee Advocates <![CDATA[What is a qui tam whistleblower lawsuit in Colorado?]]> https://www.coloradoemployeeadvocates.com/?p=47985 2026-07-13T13:17:41Z 2026-07-13T13:16:25Z A qui tam lawsuit lets you sue on the government's behalf Qui tam is a legal mechanism built into several laws, including the federal False Claims Act and Colorado's own versions covering general fraud and Medicaid fraud specifically. Together, these laws allow you, as a private individual, to file a lawsuit against a company or person defrauding the federal or state government, even if the fraud did not personally harm you. In this role, you are a relator. If your case succeeds, you can receive a share of whatever the government recovers, generally between 15 and 30%.

Your case stays sealed while the government investigates

Unlike most lawsuits, you file your qui tam complaint under seal, meaning it stays confidential and does not reach your employer right away. The federal or state government generally has 60 days to investigate your claims and decide whether to take over the case itself or let you pursue it independently. This period is often extended while the investigation continues.

You are protected from retaliation

Federal and Colorado state laws prohibit your employer from firing, demoting or otherwise punishing you for bringing a qui tam claim or assisting in one. If retaliation happens anyway, you may have a separate legal claim on top of your qui tam case, with remedies under Colorado law including reinstatement, double back pay and interest.

Seek guidance before you file

Your qui tam case involves strict procedural rules, and mishandling the filing or disclosure requirements can jeopardize your claim. Reviewing your situation with an attorney experienced in whistleblower cases can help you understand whether you have a valid claim and how to protect yourself going forward.  ]]> On Behalf of Colorado Employee Advocates <![CDATA[Stop employer retaliation after an EEOC complaint]]> https://www.coloradoemployeeadvocates.com/?p=47983 2026-06-26T17:34:17Z 2026-06-26T17:34:17Z What is protected activity with the EEOC? The law protects employees who engage in several types of "protected activity." These include:
  • Filing a discrimination charge
  • Acting as a witness in an EEOC investigation
  • Opposing practices you believe are unfair
Retaliation for these actions creates a new violation for your employer. This protection applies even if the EEOC determines that the original discrimination never occurred. Federal law protects your right to report problems without fear.

Common signs of employer retaliation

Retaliation rarely looks like an obvious firing. Employers use discreet tactics to punish an employee who speaks up. You must document any negative changes that happen after you file your charge. These records give you strong evidence. Common retaliation tactics include:
  • Firing or demotion
  • Unfair negative performance reviews
  • Sudden micromanagement or intense scrutiny
  • Exclusion from meetings, projects, or advancement opportunities
  • Transfer to a worse shift or position
  • Creation of a hostile work environment by managers
These actions give you grounds to file a separate legal claim against your employer.

Steps to take after experiencing retaliation

If you believe your employer is retaliating, careful action protects your legal rights. You must document every incident with specific details, such as:
  • Dates
  • Times
  • Witnesses
  • What happened
This evidence builds a strong case. You can file a new EEOC charge specifically for retaliation. These claims involve strict deadlines and legal rules. Discuss the situation with an employment lawyer. An attorney familiar with discrimination law can help you review the strength of your claim and plan your next steps.]]> by Colorado Employee Advocates <![CDATA[What happens when HR ignores a sexual harassment complaint? ]]> https://www.coloradoemployeeadvocates.com/?p=47981 2026-06-26T11:53:02Z 2026-06-26T11:53:02Z Steps to take when HR ignores a sexual harassment complaint When HR fails to respond to a sexual harassment complaint, taking the right steps can help protect legal rights and preserve important evidence. These steps include:
  • Document the harassment: Save emails, text messages, written complaints and any responses from HR. Record the dates of each incident, the names of any witnesses and any changes in workplace treatment after reporting the conduct.
  • Follow up and report the issue internally: If HR does not respond or take action, submit a written request for an update. If the problem continues, report it to a higher-level manager, senior HR representative or another appropriate company official.
  • File a complaint with the appropriate agency: Employees may file a complaint with the Equal Employment Opportunity Commission (EEOC) or another relevant agency when an employer fails to address harassment. An investigation may help determine whether workplace laws have been violated.
  • Speak with an employment attorney: An employment attorney can assess the situation, explain available legal options and help protect employee rights. An employment law attorney can help evaluate the circumstances, explain applicable deadlines and requirements, and help employees understand the potential implications of pursuing a complaint or legal claim.
Taking action early can help protect your rights, preserve key evidence and strengthen your position if legal action becomes necessary.

Why HR inaction can create bigger problems

Employees can expect HR to investigate sexual harassment complaints and take appropriate action. Failing to address a sexual harassment complaint can allow the misconduct to continue and make the workplace more difficult for employees. Employees who report misconduct may also face retaliation, including termination, demotion or other negative employment actions. When an employer fails to address a sexual harassment complaint, employees may continue to face a hostile work environment and ongoing emotional stress.

Taking further action

When a sexual harassment complaint goes unaddressed, employees may feel uncertain about what to do next. Learning about the available remedies can help them evaluate their situation and decide how to move forward.  ]]>