The original lawyer you requested is unavailable. My name is XXXXX XXXXX I will be assisting you with your legal question.
I think the best thing here is to start with an explanation of the law in this area and then discuss your case in particular. In Colorado, and throughout the United States, employment law
heavily favors the employer in most situations. Unless the employee has a contract which provides that the employee may only be terminated for cause, the law will hold that the employee's right to work
falls under the At Will
Doctrine. The At Will Doctrine provides that an employer may terminate an employee for any reason whatsoever, even if it is a false reason. The only limitation on this is that an employer may not terminate or create a hostile
work environment for an employee because of discrimination
based on race, color, religion, sex, military status, national origin, disability, age, or ancestry of the employee.
In your case, you have identified that your employer is discriminating against you in its employment policies based on your gender and your age. I will say now, that unless you are over the age of 40, you are not protected by Age Discrimination
laws (they are meant to protect older workers). Nevertheless, failing to promote or give job opportunities to a person because of their gender is discrimination which triggers protection under the law.
When discrimination takes place, your protection must be asserted by filing a claim for the violation with the EEOC
. You have already talked to your boss and HR about this, and the situation seems to have actually gotten worse, culminating in your boss increasing your workload so much that it actually is impossible for you to continue working there. In other words, they are creating a situation which will constructively terminate you, by either setting you up to fail or forcing you to quit. This sort of manipulation is called a "pretext" under discrimination law, and does not give the employer a safe harbor (although they often think it does).
Thus, you need to go forward with filing the EEOC claim to best protect your interests. This will give you a better platform from which you can automatically claim retaliation
(retaliation is presumed once you file an EEOC claim), and will give you an outside party which will advocate for you. After filing the claim, I would recommend telling your boss that you want to be returned to a workload that matches other analysts workload and that you filed this claim because you know what they are doing is discriminating against you because of your gender. In other words, you have to stand up and say enough is enough.
You can contact your nearest EEOC to start the claim procedures by finding the local office at www.eeoc.gov/field
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