Title VII, ADEA, the ADA and most state anti-discrimination statutes require an employee to first exhaust his or her "administrative remedies." Usually, this means that the employee must first file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or similar state agency. Only when the employee's complaints has been processed by the agency may the employee proceed with a lawsuit.

Most of the federal statutes do not apply to small employers. Please note, however, that the size requirements vary greatly under the various federal statutes. Since there is no consistency, a small employer may be subject to some of these statutes, but not others. Additionally, even small employers may be covered under various state anti-discrimination statutes.

1. Title VII of the Civil Rights Act of 1964, ("Title VII) 42 U.S.C. §§ 2000e, et seq. This statute specifically prohibits discrimination based on race, color, religion, sex (including sexual harassment) and national origin.

   Title VII prohibits discrimination in hiring, discharge, discipline, promotion, and virtually all other aspects of the employment relationship. It also prohibits retaliation against an employee who exercises any rights under the Act.

2. Civil Rights Act of 1991, 42 U.S.C. §§ 1981a, et seq. This law amends Title VII. Most importantly, it expands the damages available to a successful plaintiff which, previously, were limited to back pay, front pay, and attorneys' fees. A successful plaintiff can now also recover "compensatory" damages for emotional distress and punitive damages. The 1991 Act limits these damages based on the size of the defendant. The 1991 Act also allows for jury trials. Previously, Title VII cases were tried only to the court (judges).

3. Age Discrimination in Employment Act, ("ADEA") 29 U.S.C. §§ 621, et seq. This Act prohibits discrimination based on age. It protects employees age 40 and over with respect to virtually all aspects of the employment relationship. A related law, the Older Worker Benefit Protection Act (29 U.S.C. § 626f), governs the enforceability of any agreement under which an employee agrees to release or waive any age discrimination claims. These limitations concerning releases and waivers apply not only to the settlement of lawsuits, but also to any "pre-litigation" agreements such as a waiver signed as part of a severance package.

4. Americans With Disabilities Act, ("ADA") 42 U.S.C. §§ 12101, et seq. This law prohibits discrimination in the employment relationship based upon disability. Essentially, it requires an employer to make "reasonable accommodations" in job function, work area, and other employment conditions to enable disabled workers to perform their jobs or a potential job. The law also governs pre-employment inquiries and interviews concerning medical and psychological conditions, workers' compensation claims, among other things.

   The ADA defines broadly the term "disability". For instance, under certain circumstances, rehabilitated alcoholics and drug users can qualify for protection under the ADA.

5. The Equal Pay Act, 29 U.S.C. § 206(d). This statute mandates "equal pay for equal work" without regard to sex. It is normally applied to employees who perform essentially the same job functions.

6. The Employee Retirement Income Security Act ("ERISA") contains a provision (29 U.S.C. § 1140) which prohibits employers from discriminating or interfering with respect to an employee's attainment of employee benefit rights. ERISA also prohibits discrimination based upon an employee's attempt to exercise rights under ERISA. This prohibition of discrimination applies to pension and welfare benefit plans.

7. The National Labor Relations Act. This Act prohibits discrimination against a worker who is active in union activities or who has pro-union views.

8. State Anti-Discrimination Statutes (C.R.S § 24-34-402 for example). These laws typically address the same types of discrimination prohibited by the various federal laws. These state laws generally apply to employers who are too small to be covered under the similar federal laws.

9. State Off-Duty Activity Statutes (C.R.S. § 24-34-402.5 for example). These statutes typically prohibit the discharge of an employee based upon that employee's "lawful, off-duty, off-premises" conduct. Colorado's statute has been interpreted as applying to the firing of a gay employee.

10. Marital Status - State Laws. Some states, such as Colorado, prohibit discrimination based upon marital status. Colorado's law prohibits an employer from discriminating with respect to the marriage of two employees.

11. Discrimination Based on Sexual Orientation. These laws are a growing area in the regulation of the employment relationship. While there is no directly applicable federal law and only a couple of state laws, a growing number of cities in Colorado prohibit discrimination based on sexual orientation.