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Find a Lawyer in DenverAbout Sexual Harassment Law in Denver, United States
Sexual harassment law in Denver is shaped by federal, state, and local rules that protect people from unwanted sexual conduct and sexualized behavior at work and in other settings. At the federal level, Title VII of the Civil Rights Act prohibits discrimination and harassment based on sex in employment. Colorado state law provides additional protections through the Colorado Anti-Discrimination Act and related statutes. The City and County of Denver enforces local civil rights protections through municipal ordinances and administrative bodies. Together, these laws cover quid pro quo harassment, hostile work environments, same-sex harassment, third-party harassment, and retaliation for reporting harassment.
Why You May Need a Lawyer
Many people benefit from legal help after experiencing sexual harassment. A lawyer can explain your rights, evaluate whether your situation meets the legal definition of harassment, and recommend the best path forward. Common situations where people seek counsel include when an employer fails to investigate or discipline harassers, when a complaint leads to retaliation, when the harassment is severe or repeated, when you face threats or physical assault, when you want to preserve civil claims while an employer conducts an internal investigation, and when you want to file an administrative charge or lawsuit. A lawyer can also help identify all possible claims - for example, state and federal discrimination claims, municipal ordinance claims, and contract or tort claims - and pursue the most effective remedies.
Local Laws Overview
Federal protections - Title VII applies to most private employers with 15 or more employees, as well as to state and local government employers. Title VII prohibits sexual harassment that creates a hostile work environment or is tied to job benefits or conditions.
Colorado law - The Colorado Anti-Discrimination Act provides protections that often mirror or expand on federal protections. State law may allow additional remedies and procedural options. State administrative agencies handle intake and investigation of complaints under state law.
Denver local ordinances - The City and County of Denver enforces anti-discrimination and anti-harassment rules through local ordinances and departments focused on human rights and community partnerships. These local rules may apply to employers, housing providers, and public accommodations within Denver.
Remedies and relief - Remedies can include back pay, reinstatement, front pay, compensatory damages for emotional harm, punitive damages in some cases, injunctive relief, and attorneys fees. Under federal law, caps can apply to compensatory and punitive damages depending on employer size. Administrative remedies and processes differ between federal, state, and local agencies.
Retaliation - It is unlawful to retaliate against anyone who complains about harassment, participates in an investigation, or opposes discriminatory practices. Retaliation claims are common and can be pursued alongside harassment claims.
Time limits - There are strict filing deadlines for administrative charges and lawsuits. Deadlines vary depending on whether you file with a federal, state, or local agency, and by the type of claim. Acting promptly is critical to preserve your rights.
Frequently Asked Questions
What counts as sexual harassment under Denver, Colorado, and federal law?
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affect employment conditions or create a hostile work environment. Harassment can be quid pro quo, where submission to sexual conduct is tied to job benefits, or hostile environment harassment, where the conduct is severe or pervasive enough to create an abusive workplace. Same-sex harassment and harassment by coworkers, supervisors, or third parties can all qualify.
Do I have to report harassment to my employer before filing a legal claim?
In many cases you should report the harassment to your employer so they have an opportunity to address it. Employers are typically required to investigate and take corrective action when they know about harassment. However, there are exceptions - for example, when the employer is the harasser, when reporting poses safety risks, or when reporting would be futile. You can also file an administrative charge with a government agency without completing an internal complaint, but consult a lawyer to decide the best route.
How long do I have to file a complaint or lawsuit?
Time limits differ by forum. Under federal law you generally must file a charge with the Equal Employment Opportunity Commission within 180 days of the alleged act - and that period can extend to 300 days if a state or local agency enforces a similar law. State and local agencies often have their own filing deadlines and procedures. Civil lawsuits have separate statutes of limitation that vary by claim and jurisdiction. Because deadlines are strict, seek advice quickly to preserve your rights.
Can I sue my employer for hostile work environment or quid pro quo harassment?
Yes, you may have a lawsuit against your employer for hostile work environment or quid pro quo harassment under federal and state laws if the harassment meets legal standards and the employer is liable. Employer liability rules depend on factors like whether the harasser was a supervisor, whether the employer took reasonable steps to prevent and correct harassment, and whether the complaint was reported but not remedied. An attorney can assess the strength of a claim and the best legal theories to pursue.
What types of evidence help a harassment case?
Strong evidence can include emails, text messages, voicemails, photos, witness statements, personnel records, performance evaluations, complaints made to HR or managers, notes you kept contemporaneously, and any records showing retaliation after reporting. Medical or counseling records documenting emotional harm can also be relevant. Preserve communications and create a clear timeline of incidents.
What remedies can I obtain if my harassment claim succeeds?
Possible remedies include back pay, front pay, reinstatement, compensatory damages for emotional distress, punitive damages in certain circumstances, injunctive relief ordering the employer to stop discriminatory practices, and attorneys fees and costs. The availability and amount of damages depend on the law you invoke, the size of the employer, and the facts of your case.
What should I do if I am fired or disciplined after reporting harassment?
If you face adverse actions after reporting harassment, you may have a retaliation claim. Document the timing and circumstances of the discipline or termination, preserve relevant records, and contact an attorney promptly. Employers cannot legally retaliate for complaining about illegal harassment, participating in investigations, or supporting other complainants.
Can I file a criminal complaint as well as a civil claim?
Yes. Sexual harassment that involves assault, coerced sexual contact, or other criminal conduct can be reported to law enforcement. Criminal cases are separate from civil employment or administrative complaints and have different standards of proof and remedies. You can pursue criminal reporting and civil claims simultaneously, and legal counsel can help coordinate both processes and protect your interests.
How much will a lawyer cost, and do lawyers offer free consultations?
Fee arrangements vary. Many employment and civil rights lawyers offer free initial consultations to review your situation. Some work on hourly rates, while others take cases on contingency where they receive a percentage of recovery if you win. Ask about fees, who will handle your case, and whether the firm advances costs. If cost is a concern, there are nonprofit legal services and bar association referral services that can help.
What if the harasser is not my employer but a client, vendor, or co-worker from another company?
Harassment by clients, vendors, contractors, or third-party workers can still create liability for your employer if the employer knew or should have known and failed to take appropriate steps. You may also have claims against the individual and, in some situations, against their employer. Document incidents and report them to your employer so the employer can address the problem.
Additional Resources
Equal Employment Opportunity Commission - Federal agency that enforces laws against workplace discrimination and sexual harassment.
Colorado Civil Rights Division - State agency that enforces the Colorado Anti-Discrimination Act and accepts complaints of harassment and discrimination.
Denver Human Rights and Community Partnerships - Municipal department that handles local civil rights, discrimination, and harassment concerns within the City and County of Denver.
Colorado Coalition Against Sexual Assault - A statewide organization that provides resources, training, and support for survivors and service providers.
RAINN - National Sexual Assault Hotline and resource network that offers crisis support and referrals.
Colorado Legal Services - Nonprofit legal aid organization that may provide advice or representation for eligible individuals.
Colorado Bar Association or local bar referral services - Can help you find experienced employment or civil rights attorneys for consultations.
Next Steps
1. Prioritize safety - If you are in immediate danger or have been physically assaulted, contact law enforcement or a local crisis service right away.
2. Document and preserve evidence - Create a detailed timeline of incidents, save emails, texts, and voicemails, and keep copies of personnel records and any complaints you filed. Record the names of witnesses and what they observed.
3. Report internally when appropriate - Review your employer s harassment policy and consider filing a written complaint with your supervisor, human resources, or the designated company contact. If reporting would be unsafe or ineffective, consult an attorney before proceeding.
4. Consider administrative filing - Talk to an attorney about whether to file an administrative charge with the EEOC, the Colorado Civil Rights Division, or the Denver human rights office. Filing with the appropriate agency is often a prerequisite to a lawsuit.
5. Consult an experienced lawyer - Seek a lawyer who handles sexual harassment, employment law, and civil rights matters. Bring your documentation to an initial consultation, and ask about potential claims, likely remedies, timelines, and fees.
6. Use support services - Consider counseling, victim advocacy, and local support organizations for emotional and practical assistance. These organizations can also help you navigate reporting and safety planning.
7. Act promptly - Because deadlines can be short and evidence can be lost with time, do not delay seeking advice. A lawyer can help you preserve claims and pursue the remedy that best fits your situation.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.