Brake Law

Sexual Harassment is a type of sex discrimination, which violates the Civil Rights Act of 1964. When it occurs in the workplace it falls under employment discrimination. Such harassment includes various behaviors that a person is not comfortable with, including an offensive or hostile work environment, requests for sexual favors, and sexual advances against a person's will.

According to the U.S. Equal Employment Opportunity Commission:

Sexual harassment involves other verbal or physical conduct of a sexual nature… When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

In sexual harassment, the harasser's conduct must be unwelcome. But it can occur in a wide variety of situations:

• The victim and perpetrator may be either gender
• The perpetrator may hold any relation with the victim, including supervisor, employer agent, supervisor in another department, co-worker or non-employee
• The victim may be anyone affected by the offensive conduct besides the person being harassed

A victim may empower themselves by confronting the perpetrator of sexual harassment in a direct manner, stipulating that the behavior is unwelcome and must stop. Still, prevention is best to eliminate sexual harassment in the workplace. EEOC encourages employers to communicate preventative measures to stop sexual harassment.

If you would like a free consultation in regard to possible sexual harassment, please contact the experienced employment lawyers at the Brake Law Firm. We serve clients in all parts of Colorado.

Colorado's non-discrimination state laws may soon expand to include sexual orientation for such areas as business and credit agencies. The House Judiciary Committee has approved the measure to add sexual orientation to the law in 23 areas, and Senate Bill 200 is now moving to the state senate for deliberation.

Currently, on a state wide basis, landlords, business owners, and others in the commercial sector are not legally accountable for discriminating against a tenant, client, or customer on the basis of that person's sexual orientation. (Sexual orientation is included in non-discrimination laws for the employment sector.)

The measure has caused some controversy, however. Advocates claim that a new law would help ensure equal protection, whereas others insist that such a law would stifle the expression of religious and moral beliefs.

Senate Bill 200 could have major implications for sexual harassment cases in Colorado. Because sexual orientation could soon become an illegal reason for discrimination in the commercial sector, consumers should be aware of their rights, and they should speak with a qualified professional to determine if a discrimination case could fall under the purview of the new law, if approved.

If you believe you have been sexually harassed in the workplace or elsewhere because of your sexual orientation, please contact the Brake Law Firm to schedule a consultation.

A "wrongful termination" is one in which an employer has discharged or laid off an employee in violation of a legal right of the employee. It is not enough for the employee to simply show that he/she was treated unfairly, but the person must show that the firing was "wrongful" meaning one or more legal rights were violated.

Almost every state has adopted the legal concept of "employment at will," which developed in England centuries ago and means that it is presumed that the employer has the right to terminate someone with or without a reason, and also that the employee has the right to quit at any time with or without a reason. There are, however, some exceptions to the employee at will doctrine.

Employees are laid off every day in companies that are downsizing or because their employer decided to go in a different direction. Although the employment may be "at will," there may nevertheless be action that can be taken by the employees in the event the employer has acted in violation of applicable state or federal laws, or in violation of policies or procedures which the employer has put in place, and upon which the employees have reasonably relied.

If you think you've been wrongfully terminated, you may be able to bring a legal claim against your former company. While not all wrongful termination cases are successful, if the courts rule in your favor, you may be eligible for back pay, reinstatement, compensatory damages, punitive damages, attorneys' fees, etc.

To learn more about wrongful termination in Colorado, please contact the law firm of Andrew T. Brake, P.C. today.

Wrongful Termination occurs when an employer discharges an employee in a way that violates the employee's legal rights. To make a wrongful termination case, the individual must establish how his or her rights were violated.

Almost all U.S. states are at-will, meaning the employer assumes the right to terminate with or without a reason and the employee holds the right to quit at any time with or without a reason. Exceptions to the at-will doctrine do exist. Examples would be public policy violations, contract breaches, implied contract breaches, good faith and fair dealing breach of covenants and discrimination on age, race, sex, disability, religion and/or national origin.

An employment lawyer will help you maneuver through the regulations and laws involved in your claim. Having a skilled lawyer on your side while facing a wrongful termination case will empower you to fight wrongful termination and gain compensation.

Please contact the Brake Law Firm to schedule your wrongful termination consultation. The firm's experienced employment lawyers serve clients in all areas of Colorado, and will be happy to answer your questions and evaluate your specific situation.