Retaliation is one of the most common workplace claims. You do not have to win the underlying complaint to win a retaliation claim. If an employer punishes you for doing something the law protects, that punishment can be its own violation.
What counts as protected activity
The law protects workers who take steps like these:
- Complaining to a manager, HR, or an agency about discrimination or harassment, including on behalf of a coworker
- Filing a charge with the Colorado Civil Rights Division (CCRD) or the EEOC, or helping with someone else’s
- Asking for a reasonable accommodation for a disability or a religious practice
- Taking or requesting protected medical or family leave
- Complaining about unpaid wages or other wage violations, or even simply discussing your wages
- Reporting illegal conduct by the employer or refusing to take part in it
What counts as retaliation
Retaliation includes firing, but also demotion, a pay cut, loss of hours, a sudden poor review or performance plan, reassignment to worse duties, and other actions that would discourage a reasonable worker from speaking up. Federal law asks whether the action was materially adverse in that sense, which is a lower bar than losing your job.
What you generally have to show
- You engaged in protected activity.
- Your employer took an adverse action.
- The two are connected. Timing is often the clearest link, such as a firing days or weeks after a complaint, but it is not the only evidence. Inconsistent explanations, sudden criticism of long-satisfactory work, and treatment of others who did not complain can also show it.
Whistleblowing in the public and private sectors
The rules differ depending on who your employer is.
- Public employees have First Amendment protection when they speak as citizens on matters of public concern, but speech that is part of your official job duties is often not protected. These cases are fact-heavy, and they sometimes also raise Colorado state-law claims. Civil rights overview.
- Private-sector employees may have claims under anti-retaliation provisions in specific statutes and, in some cases, a claim for wrongful discharge in violation of public policy, for example when fired for refusing to do something illegal.
- Government contractors and others may have protection under statutes that apply to their industry or contract.
Because the right claim depends on the specific facts, an early conversation often matters more than people expect.
Deadlines
Discrimination-related retaliation claims through the CCRD or EEOC generally must be filed within 300 days. Some whistleblower statutes have much shorter windows, and some are as short as 30 days. Do not assume you have long to file a discrimination or retaliation charge.
Protect yourself
- Put complaints in writing, and keep a copy outside your employer’s systems.
- Keep a dated record of any change in how you are treated after you spoke up.
- Do not delete, forward, or take company files without advice.
- Get advice before you resign or sign a separation agreement.
Frequently asked questions
What if my employer says I was fired for performance?
That is the most common defense. Evidence that your reviews were good until you complained, or that others with the same issues were not fired, can undercut it.
Can I be retaliated against even if my complaint was mistaken?
Often yes, if you complained in good faith about conduct you reasonably believed was unlawful.
Does it matter if I complained verbally?
It can be harder to prove, but verbal complaints can be protected. Follow up in writing when you can.
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.