In Brief
Employment Discrimination and Retaliation Claims Dismissed on Summary Judgment
A waitress accused her employer of sex discrimination when her hours were reduced and she was not given a promotion.
A waitress accused her employer of sex discrimination when her hours were reduced and she was not given a promotion. The employee also accused the employer of constructively discharging her and retaliating against her in violation of Colorado law. On the employer’s motion for summary judgment, the Court dismissed these claims. It found there could be no discrimination because the employee was not eligible for the promotion based on the stated criteria and because the employer had offered her alternatives to resignation, confirming it did not intend to force her to resign. The Court further found there was no retaliation claim because the employee did not file a discrimination charge with the Colorado Civil Rights Division until after her resignation. Therefore no actions taken by the employer could have been caused by filing the charge. Erin Leach represented the employer.