Colorado and federal law prohibit employers from making decisions about hiring, pay, promotion, discipline, or firing based on your age or sex. Employers rarely say that is what they are doing, so these cases are usually proved with a pattern of facts rather than a single admission.
Age discrimination
The Colorado Anti-Discrimination Act (CADA) and the federal Age Discrimination in Employment Act (ADEA) protect workers who are 40 or older. CADA applies to employers of any size; the ADEA applies to employers with at least 20 employees. Colorado’s 2022 amendments also expanded the remedies available for age discrimination under state law.
Age cases often show up in forms like these:
- A layoff or restructuring in which older workers are chosen disproportionately
- A long-time employee placed on a performance plan after years of good reviews
- Being replaced by a younger, less experienced worker
- Comments about “fresh ideas,” “energy,” retirement plans, or being “overqualified”
- Exclusion from training, promotion or high-profile projects
If you are offered a severance agreement in connection with a layoff, a waiver of age claims has special federal requirements, including time to consider the agreement and a period to revoke it. See severance review.
Sex discrimination, harassment and pay
Title VII of the Civil Rights Act and CADA both prohibit sex discrimination, which includes pregnancy discrimination, sexual harassment, and discrimination based on sexual orientation or gender identity.
- Harassment. Since August 2023, Colorado law no longer requires that harassment be “severe or pervasive” to be unlawful under CADA. The conduct must still be unwelcome and offensive both to you and to a reasonable person in your protected class. Federal claims still follow the federal standard, so which law applies can affect the claim.
- Pay. Colorado’s Equal Pay for Equal Work Act generally requires equal pay for substantially similar work regardless of sex, allows differences only for specific reasons such as seniority, merit or geography, and protects employees who talk about pay. Employers are also generally required to disclose pay ranges in job postings.
- Other patterns. Passed over for promotion in favor of a less qualified person of a different sex, treated differently when pregnant or after returning from leave, or disciplined for conduct that others are not disciplined for.
Building a discrimination case
These cases are built from specifics:
- Who made the decision, and what reason did they give?
- Who was treated better, and how are they similar to you?
- What changed in how you were treated, and when?
- What did decision-makers say or write?
A timeline with names, dates, and copies of reviews, emails and pay records is the best starting point.
Deadlines
The deadline to file a charge with the Colorado Civil Rights Division or the EEOC is generally 300 days from the discriminatory act. After a right-to-sue notice, a lawsuit generally must be filed within 90 days. Pay claims can follow different rules, so ask early.
Frequently asked questions
Is it age discrimination if the employer replaced me with someone over 40?
It can be, if the replacement was substantially younger. Age is evaluated on the facts, not just whether someone is over 40.
Can I complain internally without risking my job?
Retaliation for a good-faith complaint is itself unlawful. Keep a written record of what you reported and when.
What if I signed an agreement that waived claims?
Not every waiver is enforceable. Bring us the document before assuming you have no options.
Talk to an employment lawyer
Request a consultation or call (720) 316-8061.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome in any other matter.