Monday, May 13, 2013

Colorado Job Protection Civil Rights Enforcement Act of 2013 Signed Into Law!

Well, its about time. On May 6, 2013, Governor Hickenlooper signed into law the Colorado Job Protection Civil Rights Enforcement Act of 2013. This law, which is located at C.R.S. 24-34-405, remedies a woeful situation for employees who are victims of intentional discriminatory and unfair employment practices in Colorado companies with less than 15 employees. Here are the highlights:
  •  Federal law permits compensatory and punitive damages and attorneys fees and costs for victims of employment discrimination, but only for those employed in companies with 15 or more employees. Until now, there was no such protection for Colorado victims of intentional employment discrimination in companies with less than 15 employees. 
  • Not only will employees of Colorado companies with less than 15 employees who are victims of intentional discrimination  have the usual remedies of front pay, back pay, interest on back pay, reinstatement or hiring, and other equitable relief, but they now will also have available to them the remedies of compensatory and punitive damages and attorneys fees and costs (subject to the same limitations specified in the federal "Civil Rights Act of 1991"). 
  • And, this new Colorado law even ventures where the federal law does not by providing for compensatory and punitive damages and attorneys fees and costs for victims of employment discrimination on the basis of sexual orientation! 
  • This new Colorado law eliminates the prohibition of age discrimination claims by persons 70 years of age or older. 
  • Finally, these changes apply not just to court proceedings, but also to administrative proceedings in the Colorado Civil Rights Division.
This new law has limitations, of course. So, if you or someone you know are a victim of intentional discrimination in a company with less than 15 employees, please consult an attorney to discover your rights.

Colorado employees can be grateful for the efforts of the Colorado Trial Lawyers Association  in supporting this crucial legislation.

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