Friday, January 21, 2011

Colorado Court of Appeals Affirms Colorado Civil Rights Commission Order

On January 13, 2011, the Colorado Court of Appeals affirmed an order issued by the Colorado Civil Rights Commission. The Commission determined that the American Legion, Forbes- McKay Post #109 engaged in unlawful discrimination and unfair employment practices when it subjected former bar manager, Sandi Meier, to sexual harassment and unlawful termination (10CA0254 American Legion v. Colorado Civil Rights Comm’n 01-13-2011)

Colorado Civil Rights Division Director Steven Chavez issued a probable cause determination in regards to the allegations made by Ms. Meier, after which the Colorado Civil Rights Commission ordered the case be set for hearing before an Aministrative Law Judge. The ALJ concluded that Meier had not proven that the reason given by the Post for her termination was pretextual. Ms. Meier appealed the ALJ’s decision to the Commission. The Commission concluded, contrary to the ALJ, that there was sufficient evidence to demonstrate that Ms. Meier was subjected to a hostile work environment and that the reason given by the Post for her termination was not credible.

The Post was ordered to cease and desist from discriminatory and unfair employment practices and awarded Ms. Meier backpay. The Post filed an appeal with the Colorado Court of Appeals. On January 13th, the Court of Appeals affirmed the Commission’s order that the Post had violated the Colorado Anti-Discrimination Act by determining that one severe incident of sexual harassment had the effect of creating a hostile work environment, although other actions by the Post also supported the finding.

The Colorado Civil Rights Commission is a seven member bipartisan panel appointed by the Governor and confirmed by the State senate. The Commission meets monthly to formulate policy and to hear appeals in discrimination cases. The Colorado Civil Rights Division is charged with enforcing the State’s anti-discrimination laws in the areas of employment, housing and public accommodation. For more information, please contact the Division at 303-894-2997 or www.dora.state.co.us/civil-rights/.

DORA is dedicated to preserving the integrity of the marketplace and is committed to promoting a fair and competitive business environment in Colorado. Consumer protection is our mission.

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