Colorado Anti-Discrimination Act — enforcement agency
The Colorado Civil Rights Division (CCRD), operating within the Department of Regulatory Agencies, enforces the Colorado Anti-Discrimination Act (CADA) in employment (C.R.S. § 24-34-401 et seq.), housing, and public accommodations. The Division Director is statutorily required to receive, investigate, and make determinations on charges alleging unfair or discriminatory practices. If the Director determines probable cause exists, the parties are ordered to participate in compulsory mediation. If conciliation is unsuccessful, the Director reports to the Colorado Civil Rights Commission, which may set the matter for hearing before an administrative law judge. The CCRD does not have authority to initiate claims, impose monetary penalties, or seize property.
Source: C.R.S. § 24-34-302(2) (CCRD About Us), CCRD Regulatory Information
CADA protected classes in employment
The Colorado Anti-Discrimination Act (CADA) prohibits employment discrimination based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry. The statute defines "race" to include hair texture, hair type, hair length, or a protective hairstyle commonly or historically associated with race, such as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, and Afros. Age discrimination protection applies to individuals age 40 and older. CADA applies to all employers operating in Colorado, with no minimum employee threshold, except religious organizations or associations not supported in whole or in part by taxation or public borrowing.
Charge-filing deadline and exhaustion requirement
Under CADA, an aggrieved employee cannot file a lawsuit in district court without first exhausting administrative remedies through the Colorado Civil Rights Division (CCRD). A charge alleging employment discrimination must be filed with the CCRD within 300 days from notice of the alleged discriminatory or unfair employment practice. If the charge is not timely filed, it is barred. This 300-day deadline applies to employment discrimination claims arising on or after August 10, 2022, when House Bill 22-1367 took effect; for incidents occurring before that date, a 180-day (six-month) deadline applied.
The extended deadline aligns Colorado state law with the 300-day federal deadline for filing charges with the Equal Employment Opportunity Commission (EEOC) in states with their own fair-employment-practice agencies.
Mandatory administrative exhaustion
Filing and exhausting the CCRD administrative process is a prerequisite to obtaining the right to sue in Colorado district court under CADA. An aggrieved person (or the person's attorney) must file a verified written charge with the Division stating the respondent's name and address, the particulars of the alleged discriminatory or unfair practice, and any other information required by the Division. The Division must include a "harassment" option on its charge form. After filing, the Division Director investigates the charge. The Director may subpoena witnesses and compel production of documents directly related to the charge.
Right-to-sue letter and the 90-day court-filing deadline
A charging party may request a written notice of right to sue at any time before service of a formal notice and complaint. The Division must promptly grant a request made after 180 days following the filing of the charge. If the request is made before 180 days have elapsed, the Division will grant it only if it determines that investigation will not be completed within 180 days. A notice of right to sue constitutes final agency action and exhaustion of administrative remedies.
Once the Division issues a dismissal or notice of right to sue, the complainant has 90 days from the date of mailing to file a civil action in district court. If the complainant fails to file the lawsuit within this 90-day period, the action is barred and the district court does not have jurisdiction.
Division investigation timeline
HB 22-1367 extended the CCRD's investigation and adjudication period from 270 days to 450 days, while eliminating the previously available 90-day extension requests by either party. The 450-day timeline applies to charges filed on or after August 10, 2022.
Source: C.R.S. § 24-34-403 (300-day employment charge-filing deadline); C.R.S. § 24-34-306 (charge procedures, right-to-sue procedures, and 90-day lawsuit filing deadline); CCRD Complaint Process