• (303) 876-0575

Workplace discrimination happens when an employee or potential hire is subjected to an adverse employment action (such as refusal to hire or promote, demotion, suspension, or termination) or treated differently than others in the terms and conditions of employment, because of their race, gender, age, disability, or other protected status.The Law Offices of Elizabeth “Booka” Smith regularly handles discrimination claims and lawsuits on behalf of employees who have been unlawfully discriminated against by their employer or potential employer.

 

Ms. Smith routinely represents victims of discrimination in front of the Colorado Civil Rights Division and the Equal Employment Opportunity Commission and in Colorado State and federal courts. She has recovered millions of dollars on behalf of her clients. Ms. Smith has experience representing employees who have been wrongfully discriminated against on the basis of:

  • Race/Color/National Origin
  • Gender
  • Sexual Orientation/LGBT
  • Un-Equal Pay
  • Age (40+)
  • Disability
  • Veteran & Military Status
  • Religion
  • Pregnancy
  • Family Responsibilities/Caregiver
  • Genetic Information

If you are a member of any of these protected status groups and believe you were discriminated against by your employer because of your protected status CONTACT US to schedule a consultation with Ms. Smith to discuss your rights, options, and potential representation.

Race/Color/National Origin Discrimination: Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees on the basis of their race, color, or national origin. The Colorado Anti-Discrimination Act (CADA), includes the same prohibition, but covers all employers, irrespective of number of employees. Employers are prohibited from treating employees differently from one another on the basis of their race, color and/or national origin. Adverse employment actions covered by Title VII and the CADA include: refusal to hire; refusal to promote; being paid less; being demoted, suspended or terminated. Ms. Smith has a wealth of experience representing victims of race/color/national origin discrimination. If you believe you have been discriminated against in the workplace because of your race/color/national origin CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.    

Gender or Sex Discrimination: Although numerous important laws have been passed over the past 50 years designed to deter gender based discrimination against women in the workplace, gender discrimination remains pervasive in many organizations. Ms. Smith is dedicated to protecting and enforcing women’s rights in the workplace. Using a variety of federal and state laws, including Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act (PDA), the Colorado Anti-Discrimination Act (CADA), the Equal Pay Act (EPA), and the Family Medical Leave (FMLA), Ms. Smith has recovered significant monetary awards of dollars for women who experienced some form of gender discrimination in the workplace. Such cases include failure to hire or promote, demotion, and termination. If you feel that you suffered an adverse employment action because of your gender, female, CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.    

Sexual Orientation/LGBT Discrimination: Lesbian, gay, bisexual, and transgender (LGBT) employees in Colorado are often the target of illegal discrimination. The Colorado Anti-Discrimination Act (CADA), specifically prohibits discrimination by all employers in Colorado on the basis of sexual orientation. Federal civil rights statutes such as Title VII of the Civil Rights Act of 1964 can also be used to enforce LGBT rights. Ms. Smith has represented employee members of the LGBT Colorado community and is an advocate for giving LGBT workers all the same rights afforded to non-LGBT employees. If you believe you are the victim of discrimination because of your LGBT status, CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.      

Un-Equal Pay Discrimination: The Equal Pay Act (EPA) prohibits employers from paying women less wages than men who perform equal work. “Wages” under the Equal Pay Act include base salary, bonuses, stock options, profit sharing and other fringe benefits. If you are a female employee and believe you are being compensated less than your male counterpart(s) you may have a claim under the Equal Pay Act. To discuss your potential claim, CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.      

Age (40+) Discrimination: The Age Discrimination in Employment Act (ADEA) prohibits employers with more than 20 employees from discrimination based on age against employees who are 40 years old, or older. The Colorado Anti-Discrimination Act (CADA) prohibits all employers, irrespective of the number of employees, from discriminating against employees on the basis of their age, over 40. If you are over 40, and are turned down for a job, fired, or laid off for any of the following reasons, you may be the victim of illegal age discrimination:

  • You did not get hired because the employer wanted someone younger-looking
  • You received a negative performance review because you were not “flexible” in taking on new projects
  • You were turned down for a promotion or terminated because your boss says the company needs “new blood”
  • Your supervisor made ageist remarks such as you are “over-the-hill” or “ancient”
  • You were “laid off” and then replaced with a worker who is younger than you and has less job experience

Ms. Smith has successfully asserted age discrimination claims on behalf of several clients over age 40. If you believe you are the victim of age discrimination in the workplace, CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.      

Disability Discrimination & Failure to Accommodate: The Americans with Disabilities Act (ADA) and the Colorado Anti-Discrimination Act (CADA) protect employees and prospective employees with disabilities from discrimination in the workplace. These statutes also require employers to make reasonable accommodations to enable employees to work effectively in spite of the disability. Under the ADA and the CADA, a “disability” includes: a physical or mental impairment that substantially limits one or more major life activities; a record of such impairment; or being “regarded as” having such an impairment.

Ms. Smith has successfully represented clients with disability related claims. She has represented clients with disabilities including Crone’s disease, bipolar disorder, arthritis and post-traumatic stress disorder. If you believe you have been discriminated against by your employer on the basis of your disability, or if you believe your employer failed to accommodate your disability, CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.      

Veteran & Military Status Discrimination & Failure to Accommodate: The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects the rights of service people to reclaim their job after being absent for military service or training, and gives them the right to be reinstated with pay and status equal to where they would have been if they had not been on active duty. It also prohibits discrimination against veterans and those on active duty in the Armed Forces, including the Reserves and National Guard. The USERRA also protects service people who have been gone from their job for more than 180 days from being fired within the first year, except in cases where there is “cause” to terminate the employment. USERRA violations may be enforced through a claim in court or by filing a claim to the Veterans Employment and Training Service (VETS). Ms. Smith has experience representing veterans who were discriminated against in the workplace because of their veteran status, in violation of the USERRA. If you think you may have rights to protect under the USERRA CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.      

Religious Discrimination & Failure to Accommodate: Title VII of the Civil Rights Act of 1964 and the Colorado Anti-Discrimination Act (CADA) prohibit employers from treating employees or job applicants differently due to their religious beliefs or practices. In addition, employers are required to make reasonable accommodations for employees with regard to religious holidays and other customs. Protected religions include, but are not limited to:

  • Muslim (Islamic)
  • Buddhist
  • Christian
  • Hindu
  • Jewish
  • Morman
  • Rastafarian
  • Scientologist

If you believe that you are the victim of religious discrimination or failure to accommodate by your employer, CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.      

Pregnancy Discrimination: The Pregnancy Discrimination Act (PDA) provides that discrimination on the basis of pregnancy is a form of gender discrimination prohibited by Title VII of the Civil Rights Act of 1964. Pregnancy discrimination can include any of the following actions by an employer:

  • Refusing to hire a pregnant applicant
  • Firing or demoting a pregnant employee
  • Denying the same or a similar job to a pregnant employee after she returns from a pregnancy-related leave
  • Refusing to accommodate a pregnant employee if she is unable to perform certain aspects of her job, such as heavy lifting or working with toxic chemicals

Ms. Smith has successfully asserted claims on behalf of pregnant women who suffered adverse employment actions because of their status as being pregnant or a new mother. If you believe you are the target of pregnancy discrimination CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.      

Family Responsibilities/Caregiver Discrimination: Although federal and Colorado do not specifically list “mother,” “father,” or “caregiver” as a protected status, courts have acknowledged that employers are prohibited from discriminating against employees on the basis of their family responsibilities or caregiver status. Most of the time family responsibilities discrimination occurs when an employer discriminates against a female employee because of stereotypical views about a young mother’s commitment to work after she has children. However, employers also sometimes discriminate against an employee who is a caregiver for a disabled or sick person as well. Ms. Smith has successfully asserted family responsibilities/caregiver discrimination against employers. If you believe you are being treated differently in the workplace because of your family responsibilities or caregiver status CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.      

Genetic Information Discrimination: The Genetic Information Nondiscrimination Act (GINA) makes it unlawful for an employer to fire or to alter any term or condition of the employee’s employment based on an employee’s “genetic information” which includes an individual’s genetic tests, a family members’ genetic tests, and the “manifestation” of any disease in any family member of an individual. If you believe you are the victim of genetic information discrimination CONTACT US to determine Ms. Smith’s availability and to schedule an initial consultation.    

Downtown:
1624 Market Street, Suite 202
Denver, CO, 80202

Tel (303) 876-0575
Silverthorne:
56 Road L, P.O. Box 601
Silverthorne, CO, 80498

Tel (303) 876-0575

Additional offices for meetings available in:
Boulder; Broomfield/Interlocken; Cherry Creek; Aurora; Downtown Denver; Denver Tech Center; Golden/ Lakewood; Littleton; Louisville and Park Meadows/Highlands Ranch

Disclaimer: Nothing in this website is intended in any way to form an attorney-client relationship or other contract. It is designed solely to provide general information about the practice at the Law Offices of Elizabeth “Booka” Smith. Be mindful of any deadlines you have approaching that relate to your legal situation, and make sure you meet them. The Law Offices of Elizabeth “Booka” Smith does not assume any responsibility for advice given regarding any aspect of your case until you have a signed legal services agreement engaging the firm’s representation. Though the Law Offices of Elizabeth “Booka” Smith may provide a free initial consultation, the firm retains complete discretion in every case to decide whether or not to take your case. The Law Offices of Elizabeth “Booka” Smith makes no guarantees, warranties, or predictions about your case, and past success of Booka Smith or the firm does not ensure the results will be the same.