McCurdy Eichstadt

Title VII – Unlawful Retaliation

Fighting Back Against Workplace Retaliation in Colorado

Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as reporting discrimination or participating in an investigation. Colorado law prohibits such retaliation, and at McCurdy & Eichstadt, we are dedicated to protecting your rights.

Title VII Protections Against Retaliation

Title VII prohibits employers from retaliating against a current or former employee who complains about unlawful discrimination at work. The complaint may be verbal or written, it may be made to human resources or management, or it may be made to the EEOC. These types of complaints are considered “protected activities.”

Title VII also prohibits employers from retaliating against a current or former employee who participates in an investigation about unlawful discrimination at the company, at the EEOC, or in court. Participating in these investigations is also considered a protected activity.

For a retaliation claim, the individual must prove that the employer knew about the protected activity and took an adverse action because of it. The adverse action may, but need not, result in termination of employment.

Understanding Retaliation

Retaliation can take many forms, including demotion, termination, or creating a hostile work environment. Under Colorado and federal law, you are protected from any adverse actions in response to your lawful complaints or actions. Sometimes, retaliation may extend to a spouse or a related co-worker, which may create a Title VII “Association” claim.

Employers may also retaliate against a former employee after the employment ends, often with a bad reference. Any action by a former employer that harms the future employment prospects of a former employee is considered an adverse employment action. If it is in reprisal for a protected act and arises out of or is related to the employment relationship, it is referred to as Reference Retaliation.

Why Choose Us?

Our firm has extensive experience handling retaliation cases. We understand the nuances of Colorado’s employment laws and will work with you to build a strong case, seeking compensation for lost wages, emotional distress, and other damages.

Don’t let unlawful retaliation go unchallenged. Contact McCurdy & Eichstadt for a consultation today and take the first step towards reclaiming your rights.

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Areas of Practice

Employment Law
(Private Sector)

Handles private sector employment disputes, focusing on discrimination, retaliation, and rights under laws like the ADEA, Equal Pay Act, FLSA, FMLA, Title VII, USERRA, ADA, and CADA. Excludes cases involving governmental employers and civil rights claims outside employment.

Contract and Workplace Claims

Addresses employment-related issues beyond statutory discrimination, including wrongful termination, severance agreements, non-compete and confidentiality disputes, off-duty activities, and wage disputes upon separation.

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