Colorado Employment Law Blog

9th Circuit finds SSA no-match letters do not lead to finding of constructive knowledge

By Christopher Thomas

Of Holland & HartLLP

This case arose from the response by Aramark Facility Services to a “no-match letter” from the Social Security Administration, which indicated that Aramark had reported information for 48 of its employees at the Staples Center in downtown Los Angeles that did not match the SSA's database.  Suspecting immigration violations, Aramark told the listed employees they had three days to correct the mismatches by proving they had begun the process of applying for a new social security card. Seven to 10 days later, Aramark fired 33 employees who did not timely comply.

“Just Cause” Measure Makes November Ballot in Colorado

By Tobie Hazard

Of Holland & Hart LLP

            A proposed measure that would amend the Colorado constitution to bar employers from firing or suspending employees without just cause was certified for the November 2008 ballot by the Colorado Secretary of State on August 22, 2008.  The “Just Cause Initiative,” which will appear on the November ballot as Amendment 55, gathered more than 130,000 signatures to be placed on the ballot.  State law required only 76,047 certified signatures to make the ballot.

Colorado Employers Required to Accommodate Nursing Mothers, Allow Open Discussions of Wages

By Tobie Hazard and Kerri J. Antencio*

Two new state laws went into effect in early August that every Colorado employer needs to know about. One requires Colorado employers to accommodate nursing mothers in the workplace, while the other prohibits employers from firing or disciplining employees for discussing their wages with others. Read on for the details of these new statutes.

The 10th Circuit Offers Lessons Concerning Racial Harassment Claims

By Christie R. McCall
Of Holland & Hart LLP

The recently announced 10th Circuit decision in Tademy v. Union Pacific Corp. (No. 06-4073, 4/1/08), offers several lessons about the proper handling of claims of racial harassment. In that case, the 10th Circuit Court reversed the district court’s grant of summary judgment in favor of the employer on claimed violations of Title VII and § 1981, and remanded the case for trial.