Administrative Representation

Most anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), require employees to exhaust their administrative remedies before filing a lawsuit. This administrative exhaustion requirement is generally intended to curb employment related litigation matters and obviate the cost and time of full-fledged litigation. Notwithstanding some exceptions, a state or federal agency must investigate the employee’s claims which come in the form of a formal charge filed with the agency. If administrative charges are effectively handled, they can often be dismissed or settled. Employers Council’s employment attorneys work together with its members throughout this administrative process to evaluate the strengths and weakness of an employee’s claim and determine the best approach to a successful resolution of the matter.

As the law of EEO has expanded greatly, the EEOC and/or a FEPA (a state Fair Employment Practices Agency) can investigate a broad spectrum of complaints of discrimination in employment based on race, color, religious creed, age, sex, pregnancy, sexual harassment, marital status, national origin, ancestry, present or past mental disability, mental or learning disability, physical disability, genetic information, and sexual orientation. Employer Council’s legal services team provides counsel for these types of claims, while also helping employers navigate through this challenging administrative process.

In the event a mediation or settlement is not obtainable between the employee and employer, an employer must generally file a position statement (and supporting documentation requests) in response to an employee’s charges filed with the EEOC or the state related equivalent of the EEOC (e.g., the Colorado Civil Rights Division). Generally, the position statement is an employer’s first chance to formally provide the agency its side of the story while also asserting its legal defenses to the employee’s claims. The Employers Council’s legal team has extensive experience in the preparation and drafting of these critical documents, which can often be the difference between a winning or losing case.

Unfortunately, there are number of ways an employer may be subject to a government agency audit or investigation. An irate employee complaint, an anonymous tip, or even a random audit by the government agency itself can result in an inquiry which can lead to substantial soft and hard costs for an organization. Employers Council’s attorneys bring the knowledge and practical experience in resolving these types of difficult and costly matters.

Federal and state government agencies such as the Depart of Labor (DOL) or the Colorado Department of Labor and Employment (CDLE) can inquire into the myriad of wage and hour laws an organization must comply with including an employer’s obligations to pay minimum wage, overtime, exempt misclassifications, record-keeping obligations, unpaid breaks, unpaid vacation pay claims, and other employee benefit-related claims. While every case is quite different and facts dictate the results, Employers Council’s attorneys have the experience and solutions-driven approach to assist in guiding your organization through this often burdensome process while overcoming its many legal hurdles.