Carol Nichols worked for about 30 years in the equal employment field and has sued her ex-employer for firing her after she asked to work remotely, while undergoing chemotherapy for leukemia and lymphoma treatment. Nichols was concerned about her weakened immune system and was only requesting a temporary change to her work schedule.  She was fired two days after making the request, prompting her to file a federal discrimination lawsuit against Denver Health which alleges other employees with similar jobs could work from home, but Nichols was not allowed to. Her attorney alleges discrimination because Nichols is African-American and retaliation because Nichols said while doing her job, she reported a pattern of complaints amongst other employees.

Illegal discrimination.

When an employee believes an employer illegally discriminated against them, they should contact a lawyer to review the supporting law relevant to their case.  Each discrimination case is unique and damages must be proven in discrimination cases based on strong evidence supporting harm or economic losses suffered through the discrimination.  Federal anti-discrimination laws support many lawsuits brought against employers for age, disability status, gender pay gap, sex, race, religion, national origin, and pregnancy to name a few and include:

  • Title I of Americans With Disabilities Act (ADA): Prohibits discrimination against qualified disabled employees.
  • Title VII of the Civil Rights Act: Bars employers from discriminating against workers based on sex, race, religion, color, or national origin.
  • Pregnancy Discrimination Act: Prevents employers from discriminating against a woman because of pregnancy or a related condition.
  • Equal Pay Act: Requires employers to pay men and women the same wages if they perform equal work in the same workplace.
  • Age Discrimination in Employment Act: Prohibits employers from discriminating against employees ages 40 or older based on their age.

Damages and legal counsel.

Compensatory damages are awarded to remedy intangible injuries such as: emotional anguish; loss of enjoyment of life; inconvenience; pain and suffering; injury to professional community standing and reputation; injury to credit; and loss of health. Every detail is crucial and some employers will require a medical examination to prove physical signs of emotional strain.

Economic damages are easier to quantify and include potential moving expenses, job search expenses, medical expenses, and out-of-pocket expenses directly related to the workplace discrimination.  Determinations can be made for past and future economic damages based upon professional financial losses caused by the discrimination, or defamatory conditions in a workplace disagreement. A competent attorney will collect relevant documentation to support a case.  An experienced attorney at the Law Office of Anderson Barkley  can act on your behalf, utilizing their vast knowledge of federal and state law to support your discrimination claim for damages.

Anderson Barkley Attorneys at Law

3900 E. Mexico Ave., Suite 300
Denver, CO 80210

Phone: (720) 506-1764
Fax: (303) 927-0809

 

Sources:

https://www.colorado.gov/pacific/cdle/discrimination-harassment-mistreatment

https://www.eeoc.gov/laws/statutes/

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