ColoradoUP

THE STATEMENT

Colorado UP Calls for an End to Systemic Harassment, Discrimination and Assault in Colorado’s Film, Media and Performing Arts.

Colorado is a visionary ecosystem connecting diverse individuals across myriad industries. As a state, we strive to be a leader in innovation and creativity. One of the core tenets of leadership is inclusivity, and in holding true to this value, it is time to call out all forms of systemic oppression.

For far too long, we have been complacent with a culture that silences or discredits those who speak the truth about hostile and abusive behaviors — No longer. Toleration of harassment, discrimination, and assault must end. The survivors and victims must be heard, believed, and supported. Wrongdoers must be held accountable.

We, the undersigned citizens of Colorado, stand in solidarity against these injustices and vow to prevent, report, and one day eliminate abusive power inequities. We can only achieve equality, respect, and dignity for all through a conscious effort across our communities.

We are Colorado, uniting for progress.

Signed,

CLICK HERE to SIGN

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Anyone, regardless of gender, can access the Sexual Harassment Help Line at 323.545.0333. The helpline is open M-F from 10am-5pm PST. After hours calls will be returned during business hours.

Women in Film Sexual Harassment Helpline

Sexual Harassment Help Line

Since early October, the world’s attention has been focused on the unfolding story of countless allegations of sexual harassment perpetrated by many powerful men in the entertainment industry. In response, Women In Film has launched a Sexual Harassment Help Line — an integrated program to refer victims of harassment to designated mental health counselors, law enforcement professionals, and civil and criminal lawyers and litigators.

Sexual harassment is defined as a form of discrimination based on sex/gender, gender identity, gender expression, and sexual orientation. Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

Sexual harassment falls into two categories:

Quid pro quo: when someone conditions a job, promotion, or other work benefit on your submission to unwelcome sexual advances or other conduct based on sex and which results in an adverse action against you if you do not submit to the advance; and

Hostile Work Environment: when unwelcome comments or conduct based on sex are sufficiently severe or pervasive to unreasonably interfere with your work performance or create an intimidating, hostile or offensive work environment. You may experience sexual harassment even if the offensive conduct was not aimed directly at you. “An employer creates a hostile work environment when the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. A plaintiff must show that the environment was both objectively and subjectively hostile or abusive.” Morris v. City of Colo. Spgs., 666 F.3d 654, 664 (10th Cir. 2012) (quotations omitted).

RAINN – Rape, Abuse & Incest National Network

https://www.rainn.org/about-national-sexual-assault-telephone-hotline

RAINN (Rape, Abuse & Incest National Network) is the nation’s largest anti-sexual violence organization. RAINN created and operates the National Sexual Assault Hotline (800.656.HOPE, online.rainn.org y rainn.org/es) in partnership with more than 1,000 local sexual assault service providers across the country and operates the DoD Safe Helpline for the Department of Defense. RAINN also carries out programs to prevent sexual violence, help survivors, and ensure that perpetrators are brought to justice.

Call 800.656.HOPE (4673) to be connected with a trained staff member from a sexual assault service provider in your area.

Equal Employment Opportunity Commission

Laws and Guidance

https://www.eeoc.gov/laws/index.cfm

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

Colorado Division of Civil Rights

https://www.colorado.gov/pacific/dora/civil-rights

Employment Discrimination

Prohibited discriminatory practices in employment must be based on certain protected classes and include these adverse actions, among others: discharge, discipline, suspension, harassment, terms and conditions, failure to accommodate and retaliation.

Protected classes for employment discrimination are: Race, Color, Religion, Creed, National Origin, Ancestry, Sex, Pregnancy, Age, Sexual Orientation (incl. transgender status), Physical or Mental Disability, Marriage to a Co-Worker and Retaliation for Engaging in Protected Activity (opposing a discriminatory practice or participating in an employment discrimination proceeding).

Legally, a charge of discrimination must be filed within six months of an adverse action in employment discrimination claims.

Workplace Fairness

https://www.workplacefairness.org/your-rights

Workplace Fairness’ Mission: Workplace Fairness believes that fair treatment of workers is sound public policy and good business practice and that free access to comprehensive, unbiased information about workers’ rights – without legal jargon – is an essential ingredient in any fair workplace.

That’s why Workplace Fairness creates and maintains the most comprehensive, online one-stop-shop for free information about workers’ rights. We capture the power of technology to:

  • educate workers, employers, and legal services and community organizations;
  • foster a community of advocates who believe that fairness works; and
  • promote the fair treatment of workers through public policy.

BetterBrave

https://www.betterbrave.com/

BetterBrave combats sexual harassment, discrimination, and retaliation in the workplace by empowering targets and allies with the necessary resources and tools.

Research on workplace discrimination

http://www.pewresearch.org/fact-tank/2017/12/14/gender-discrimination-comes-in-many-forms-for-todays-working-women/

 

https://scholar.google.com/scholar?q=research+on+workplace+discrimination&hl=en&as_sdt=0&as_vis=1&oi=scholart&sa=X&ved=0ahUKEwi_wMu7xNrZAhVU82MKHc9wAq4QgQMIJzAA

This is a broad search of published academic research on workplace discrimination that covers a broad range of discrimination, from disability discrimination to sexual identity discrimination to discrimination based on race and much more.

Resources for finding an Attorney

These organizations can recommend attorneys specializing in employment law.

 

https://coloradopela.wildapricot.org/

Colorado Plantiff Employment Lawyers Association

https://www.nela.org/

National Employment Lawyers Association

When Does Sexual Harassment at Work Become a Crime?

In some instances, such as rape, it may be obvious to a victim of sexual harassment that the conduct they’ve endured is not only illegal workplace discrimination but a crime. In other situations, such as when an employee has been verbally harassed, it may not be as clear.

In Colorado, survivors of adult sexual assault have three reporting options:

Law Enforcement Report

When a victim chooses to obtain a medical forensic exam and chooses to participate in the criminal justice system at that time.

Medical Report

A victim chooses to obtain a medical forensic exam but at that time chooses to not participate in the criminal justice system. Evidence and information to law enforcement are released with victim identifying information. A medical reporting victim can choose to have evidence tested.

Anonymous Report

A victim chooses to obtain a medical forensic exam but at that time chooses to not participate in the criminal justice system. Evidence and information to law enforcement are released without victim identifying information. An anonymous reporting victim is consenting to evidence storage only.

 Resources for Victims of Any Unwanted Sexual Experience

Call 800.656.HOPE (4673) – National Sexual Assault (Unwanted Sexual Experience Hotline)

http://www.ccasa.org/gethelp/

http://victimsofcrime.org/help-for-crime-victims

Can I file a Civil Lawsuit for Sexual Harassment, Assault or Any Unwanted sexual experience?

In addition to employment law and civil rights claims, victims of Sexual Harassment and Assault in the work place 2