Chapter 3 - § 3.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 3.1 • INTRODUCTION

This chapter serves as a resource for the Colorado practitioner about Title VII as applied in the courts of Colorado. Therefore, the emphasis of the case law in this chapter is on the most important cases in the Tenth Circuit Court of Appeals and the U.S. Supreme Court. As with other civil rights laws, Title VII can be complex at times and factual distinctions in cases can create nuances in legal determinations. The initial employment civil rights laws date back to the Civil Rights Act of 1866. While many of the post-Civil War laws still apply to today's workplace, such as 42 U.S.C. § 1981, two of the more important Twentieth Century civil rights enactments that govern the employment relationship are the Civil Rights Acts of 1964 and 1991.

Practice Pointer
Because Title VII is a federal law enforced in all federal judicial districts, when practicing outside of the Tenth Circuit, the practitioner must become familiar with that Circuit's interpretation of Title VII. Likewise, if a Title VII action is brought in state court pursuant to concurrent federal jurisdiction principles, practitioners need to research state law interpretations of federal law. See, e.g., Cmty. Hosp. v. Fail, 969 P.2d 667, 672 (Colo. 1998).

§ 3.1.1—Title VII Of The Civil Rights Act Of 1964

Title VII of the Civil Rights Act of 1964 protects persons against discrimination in their employment because of sex, race, color, religion, or national origin. 42 U.S.C. §§ 2000e to 2000e-17. Unlawful employment actions based on sex include pregnancy discrimination, sexual harassment, and reverse discrimination. See Meritor Sav. Bank v. Vinson, 477 U.S. 57 (1986); Argo v. Blue Cross & Blue Shield of Kan., Inc., 452 F.3d 1193, 1201 (10th Cir. 2006) (reverse discrimination). Title VII also covers retaliation based on opposition to an unlawful employment practice or participation in a protected activity. 42 U.S.C. § 2000e-3(a). When originally enacted, Title VII provided limited equitable remedies of reinstatement or back pay. There was no right to a trial by jury. Since its enactment, the 1964 Civil Rights Act has been amended in 1972, 1978, 1991, 2004, and most recently in 2009.

Practice Pointer
Since virtually everyone is a member of a protected class, in every employment matter counsel should consider whether there is a possible Title VII claim. In fact, courts are entertaining "association claims" more frequently under Title VII, as in the case of a white woman discriminated

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