Unemployment Insurance

Web Library Topic - Harassment by the Employer

Statute

§ 8‑73‑108(4)(o), C.R.S. 2005

(4) An individual separated from a job shall be given a full award of benefits if any of the following reasons and pertinent conditions related thereto are determined by the division to have existed. The determination of whether or not the separation from employment shall result in a full award of benefits shall be the responsibility of the division. The following reasons shall be considered, along with any other factors that may be pertinent to such determination:

(o) Quitting employment because of personal harassment by the employer not related to the performance of the job.

Cases

Marlin Oil Co. v. Industrial Commission, 641 P.2d 312 (Colo. App. 1982)

Harassment does not have to be continuous and substantial; all that is required is that the claimant was harassed and the harassment was not related to the performance of the job.

Colorado Division of Employment & Training v. Hewlett, 777 P.2d 704 (Colo. 1989)

Sexual harassment may be "personal harassment by the employer not related to the performance of the job," as provided in § 8-73-108(4)(o) to warrant an award of benefits.

Survey Solutions, Inc. v. Industrial Claim Appeals Office, 956 P.2d 1275 (Colo. App 1998)

"Personal harassment" is to be determined using an objective standard, and the issue is whether the conduct was so troubling, vexing, and annoying as to cause a reasonable person to resign.

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