Q. I work for a small employment agency with 20 employees. My manager instructed me not to refer any pregnant applicants to a particular client, based on the client's request. Based on my training, I believe this would violate the law against pregnancy discrimination. I refused to obey the order and referred a pregnant applicant to the client. My boss fired me, saying that my refusal to follow her order constituted "insubordination." Can my boss do that?
A. No. At least not without violating the federal employment law prohibiting retaliation. According to the EEOC, refusal to obey an order constitutes protected opposition if the individual reasonably believes that the order requires her to carry out unlawful employment discrimination. Refusal to obey an order also constitutes protected opposition if the individual reasonably believes that the order makes discrimination a term or condition of employment. Title VII applies to employers with more than 15 employees.
Colorado law also expressly prohibits employment agencies from refusing to refer otherwise qualified candidates because of their sex, and Colorado law applies to most employers in Colorado, regardless of the number of employees. Here's the Colorado law on this topic: 24-34-402. Discriminatory or unfair employment practices.
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