Colorado News & Analysis

  • Court: 2013 CADA amendments give more remedies to state employees

    On April 4, 2019, the Colorado Court of Appeals issued its decision in Houchin v. Denver Health and Hospital Authority, holding that under 2013 amendments to the Colorado Anti-Discrimination Act (CADA), state employees may file claims for certain types of damages against their employer, but employees of Colorado's numerous political subdivisions may not. This decision highlights the importance of legislative drafting and interpretation in the context of discrimination claims in the state.

  • September 30 deadline looms for newly required EEO-1 data

    Employers required to submit EEO-1 reports to the Equal Employment Opportunity Commission (EEOC) are venturing into uncharted territory as they work to collect newly required information due by September 30. While they may be accustomed to submitting traditional EEO-1 information—data on employees' race/ethnicity and gender, or what's being called Component 1 data—this year they also must compile data on compensation and hours worked, or what's being called Component 2 data.

  • Supreme Court will decide whether LGBT discrimination is unlawful

    The U.S. Supreme Court has agreed to decide the long-unresolved question of whether Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation or gender identity. The issue has been percolating in the lower courts for quite a while. As it frequently does, the Court declined to consider the question until there was a conflict between several appellate courts. Let's take a look at the history of the Court's decisions, the arguments on both sides of the issue, and what we can expect next.

  • Risky business: the discharge decision

    One of the most difficult decisions that you'll face is whether to discharge an employee. It's also one of the riskiest decisions that you'll have to make. As a result, whenever a discharge becomes necessary, you will want to place yourself in the best possible position to defend it should a lawsuit arise. This article helps with placing you in that position.

  • Watch your step when an employee's odor situation is a-foot

    Q We have a new employee who has a significant odor problem. According to him, the smell is connected to a foot infection. Numerous coworkers have complained to management. He isn't eligible for benefits yet, so he has put off going to the doctor, but his manager said he must go for both his own health and the issue it's causing with coworkers. Are we crossing any lines by requiring him to see a doctor?

  • Workplace Trends

    Research finds lack of mentorship and coaching. New data from media agency network Mindshare U.S. found that 42% of U.S. employees said their companies either don't offer mentorship programs or don't offer enough of them. Men were more likely than women to say they either got enough or more than enough mentorship programs at work, at 57% versus 42%. The research also found that 66% of U.S. employees rank ongoing feedback or coaching on their work as an important or very important benefit in the workplace. Yet 28% of people surveyed said that they either don't get enough ongoing coaching or feedback or that their companies don't even offer it. The data showed that women were more likely than men to feel that way, at 31% versus 25%.

  • U.S. DOL proposes new joint employer test

    Employers often struggle to determine whether they might be considered "joint employers" with other entities under the Fair Labor Standards Act (FLSA). The U.S. Department of Labor (DOL) is proposing new guidance on this topic, providing much-needed clarity.

  • DOL says FMLA leave mandatory for employees and employers

    After more than 25 years, you might think questions regarding proper interpretation of the Family and Medical Leave Act (FMLA) would be settled. It's a highly regulated law, and it provides employers far more detail and clarity than they get with most other labor and employment laws.

  • Tips to ensure you are prepared for a deposition

    For an HR professional, giving a deposition is a lot like visiting the dentist. You know it's necessary, but you probably aren't looking forward to it. You may be asked questions you don't want to answer (like how often you actually floss). And finally, consistently responsible practices should reduce your stress levels about the event, make it go a lot smoother, and prevent worse problems in the future.

  • Should you be an HR leader?

    Whether you are a salesperson or a CFO, you should be thinking about the people in your organization. You may think, "I'm in sales, why should I care about the people in my organization?" or "I'm the CFO, numbers are my thing, not people," but you are dead wrong. It's part of your job to think about your organization and its employees.