Colorado
How Alexander v. Gardner-Denver Co. applies in Colorado: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
Colorado courts have adopted the principle that arbitration agreements cannot deprive employees of their right to pursue statutory discrimination claims in court. This means that disputes regarding discrimination are subject to judicial review, even if the employee has previously agreed to arbitration.
In Colorado, employees are protected under the Colorado Anti-Discrimination Act, which allows them to pursue legal action for discrimination claims, and bars arbitration clauses that waive this right.
The Colorado Supreme Court held that arbitration agreements cannot limit an employee’s ability to seek remedies for discrimination under state law.
The court reaffirmed that waiver of statutory rights would not be favored, especially in the context of discrimination claims.
Establishes that employees retain their right to take statutory claims to court, regardless of prior arbitration agreements.
While federal law allows for arbitration of discrimination claims under the Federal Arbitration Act, Colorado law explicitly maintains that employees cannot waive their rights to statutory claims through arbitration. This creates a stronger safeguard for employees under state law compared to federal standards.
Employment discrimination law is frequently tested in the Colorado bar exam, especially in relation to arbitration agreements and statutory rights under the Colorado Anti-Discrimination Act.