context: (Defs.' Br. at 24-29.) More specifically, Defendant Wembley USA underscores Plaintiffs argument in her seventh claim that the same alleged retaliatory actions were based on her complaints to the EEOC regarding sex discrimination. (Defs.' Br. at 26-29.) Defendant Wembley USA points to Colorado case law expressly supporting its position that in order to bring a successful claim under section 8-2.5-101, a plaintiff must establish that any action was taken solely because of the plaintiffs testimony.
citation_a.signal: see
citation_a.identifier: 27 P.3d 371, 376
citation_a.parenthetical: upholding dismissal of section 8-2.5-101 claim where the disciplinary action in question "was not based on the sole fact that [the plaintiff] provided testimony"
citation_a.sentence: See Hoffler v. Colo. Dep't of Corr., 27 P.3d 371, 376 (Colo.2001) (upholding dismissal of section 8-2.5-101 claim where the disciplinary action in question “was not based on the sole fact that [the plaintiff] provided testimony”); see also Slaughter v. John Elway Dodge Southwest/AutoNation, 107 P.3d 1165, 1168 (Colo.Ct.App.2005) (explaining section 8-2.5-101 “concretely and discernibly prohibits employers from forbidding or preventing employees from honoring requests for their testimony,” and expresses public policy for employees “to be free from termination or other adverse employment action solely for fulfilling” such requests).
citation_b.signal: see also
citation_b.identifier: 107 P.3d 1165, 1168
citation_b.parenthetical: explaining section 8-2.5-101 "concretely and discernibly prohibits employers from forbidding or preventing employees from honoring requests for their testimony," and expresses public policy for employees "to be free from termination or other adverse employment action solely for fulfilling" such requests
citation_b.sentence: See Hoffler v. Colo. Dep't of Corr., 27 P.3d 371, 376 (Colo.2001) (upholding dismissal of section 8-2.5-101 claim where the disciplinary action in question “was not based on the sole fact that [the plaintiff] provided testimony”); see also Slaughter v. John Elway Dodge Southwest/AutoNation, 107 P.3d 1165, 1168 (Colo.Ct.App.2005) (explaining section 8-2.5-101 “concretely and discernibly prohibits employers from forbidding or preventing employees from honoring requests for their testimony,” and expresses public policy for employees “to be free from termination or other adverse employment action solely for fulfilling” such requests).