EMPLOYMENT DISCRIMINATION DEMAND LETTER

State of Colorado

Colorado Anti-Discrimination Act and Federal Anti-Discrimination Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, Colorado ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Colorado Attorney Registration Number]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]

Re: Employment Discrimination Claim of [Client Full Name]
CCRD Charge No.: [Number, if filed]
EEOC Charge No.: [Number, if filed]
Position: [Job Title]
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 / CRE 408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company"). Our client has been subjected to discrimination based on [his/her/their] [protected class] in violation of the Colorado Anti-Discrimination Act (CADA), C.R.S. § 24-34-401 et seq., and federal anti-discrimination statutes.

Please direct all further communications regarding this matter to our office.

I. COLORADO LEGAL FRAMEWORK

A. Colorado Anti-Discrimination Act (CADA)

Colorado provides strong employment discrimination protections through CADA. Colorado is a deferral state with an active state civil rights agency.

Coverage:
- Private employers with 1 or more employees (broader than federal)
- State and local government employers
- Employment agencies and labor organizations

Protected Classes Under Colorado Law:

Note: Colorado explicitly protects sexual orientation and transgender status since 2007.

B. Key Colorado-Specific Protections

1. Broader Coverage:
- CADA covers employers with only 1 employee (vs. 15 for Title VII)
- Age protection covers workers aged 40-70 (federal ADEA has no upper limit)

2. Unique Protections:
- Marriage to a co-worker
- Ancestry as distinct from national origin

3. No Damage Caps:
- CADA imposes no caps on compensatory or punitive damages

C. Federal Anti-Discrimination Laws

1. Title VII of the Civil Rights Act of 1964
- Coverage: Employers with 15 or more employees
- EEOC Filing Deadline: 300 days in Colorado (deferral state)

2. Age Discrimination in Employment Act
- Coverage: Employers with 20 or more employees
- EEOC Filing Deadline: 300 days in Colorado
- Note: ADEA has no upper age limit; CADA protects only 40-70

3. Americans with Disabilities Act
- Coverage: Employers with 15 or more employees
- EEOC Filing Deadline: 300 days in Colorado

D. Administrative Exhaustion Requirements

Colorado Civil Rights Division (CCRD):

CCRD Contact Information:
- Colorado Civil Rights Division
- 1560 Broadway, Suite 825
- Denver, CO 80202
- Phone: (303) 894-2997
- Website: ccrd.colorado.gov

EEOC Filing (Cross-Filed with CCRD):

II. PROTECTED CLASS STATUS

A. Client's Protected Class

Our client is a member of the following protected class(es) under Colorado and/or federal law:

[ ] Race: [Specify]
[ ] Color: [Specify]
[ ] Creed: [Specify]
[ ] Religion: [Specify]
[ ] Sex: [Specify, including pregnancy]
[ ] Sexual Orientation: [Specify, including transgender status]
[ ] National Origin: [Specify]
[ ] Ancestry: [Specify]
[ ] Age: [Specify - must be 40-70 for CADA; 40+ for ADEA]
[ ] Disability: [Specify condition]
[ ] Marriage to Co-Worker: [Specify]
[ ] Genetic Information: [Specify]

B. Evidence of Protected Class Status

[Describe documentation or evidence establishing membership in the protected class]

III. FACTUAL BACKGROUND

A. Employment Relationship

B. Summary of Discriminatory Conduct

Our client was subjected to the following adverse employment action(s):

[ ] Failure to Hire: [Describe circumstances]
[ ] Termination: [Describe circumstances]
[ ] Demotion: [Describe circumstances]
[ ] Failure to Promote: [Describe circumstances]
[ ] Hostile Work Environment: [Describe conduct]
[ ] Unequal Pay: [Describe disparity]
[ ] Denial of Accommodation: [Describe request and denial]
[ ] Retaliation: [Describe protected activity and adverse action]
[ ] Harassment: [Describe conduct]
[ ] Other: [Describe]

C. Timeline of Events

D. Discriminatory Intent / Disparate Treatment

1. Direct Evidence of Discrimination:
- [Describe any discriminatory statements, comments, or written communications]
- [Describe any admissions by decision-makers]

2. Circumstantial Evidence / Disparate Treatment:
- [Describe how similarly situated employees outside the protected class were treated more favorably]
- [Describe any pattern of discrimination]

3. Pretext:
The stated reason—[state employer's justification]—is pretextual, as evidenced by:
- [Describe inconsistencies in employer's explanation]
- [Describe departures from company policy]

E. Comparator Evidence

IV. LEGAL CLAIMS

A. Violation of Colorado Anti-Discrimination Act (C.R.S. § 24-34-402)

[Company Short Name] violated CADA by discriminating against our client based on [his/her/their] [protected class]. Under C.R.S. § 24-34-402(1), it is a discriminatory or unfair employment practice:

"For an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation, terms, conditions, or privileges of employment against any individual otherwise qualified because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, age, national origin, ancestry, or marriage to a coworker..."

B. Hostile Work Environment

[If applicable:] The discriminatory conduct was severe or pervasive enough to alter the terms and conditions of employment:

• Frequency: [Describe]
• Severity: [Describe]
• Physical Threat or Humiliation: [Describe if applicable]
• Interference with Work Performance: [Describe]

C. Retaliation (C.R.S. § 24-34-402(1)(e))

[If applicable:] [Company Short Name] retaliated against our client for engaging in protected activity:

Protected Activity: [Describe complaint, CCRD filing, participation]
Adverse Action: [Describe retaliatory action]
Causal Connection: [Describe evidence]

D. Failure to Accommodate (If Applicable)

[Company Short Name] failed to provide reasonable accommodation:

Disability: [Describe qualifying disability]
Requested Accommodation: [Describe]
Interactive Process: [Describe]
Denial: [Describe]

E. Federal Claims (Title VII / ADEA / ADA)

In addition to state claims, our client asserts claims under applicable federal statutes.

V. DAMAGES

A. Economic Damages

1. Back Pay

2. Lost Benefits

3. Front Pay

B. Compensatory Damages

Our client has suffered significant emotional distress including:

• [Describe anxiety, depression, humiliation]
• [Describe impact on physical health]
• [Describe medical or psychological treatment sought]

Compensatory Damages: $[Amount]

Note: Colorado CADA imposes NO CAPS on compensatory damages.

C. Punitive Damages

[Company Short Name]'s conduct was willful and wanton, warranting punitive damages.

Colorado Standard: Punitive damages available for willful and wanton conduct. No statutory cap under CADA.

Punitive Damages Requested: $[Amount]

D. Attorney's Fees and Costs

Under C.R.S. § 24-34-405(3) and 42 U.S.C. § 2000e-5(k), our client is entitled to reasonable attorney's fees and costs.

Estimated Fees and Costs: $[Amount]

E. Summary of Damages

VI. SETTLEMENT DEMAND

Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims.

This demand will remain open for twenty-one (21) calendar days, expiring on [Response Deadline Date].

VII. ADMINISTRATIVE STATUS AND LITIGATION POSTURE

A. Agency Filing Status

[ ] CCRD Charge filed on [Date] — Charge No. [Number]
[ ] EEOC Charge filed on [Date] — Charge No. [Number]
[ ] Right to Sue obtained on [Date]

B. Litigation Venue

If suit is filed, we anticipate filing in:

[ ] Colorado District Court, [County] County
[ ] United States District Court for the District of Colorado (Denver)

VIII. DOCUMENT PRESERVATION

LITIGATION HOLD NOTICE

[Company Short Name] must immediately preserve all relevant documents and ESI.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected under Federal Rule of Evidence 408 and Colorado Rule of Evidence 408.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[Colorado Attorney Registration No.]

Enclosures:
[ ] Authorization to Represent
[ ] CCRD/EEOC Charge (if filed)

cc: [Client Name] (via email)

COLORADO-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key Colorado Considerations

[ ] Deferral State: 300-day filing deadline for both CCRD and EEOC

[ ] Broad Coverage: CADA covers employers with just 1 employee

[ ] No Damage Caps: Unlike Title VII, CADA has no caps

[ ] Sexual Orientation Protection: Explicit since 2007

[ ] Age Limit: CADA protects only ages 40-70; ADEA has no upper limit

[ ] Marriage to Co-Worker: Unique Colorado protection

Agency Contact Information

Colorado Civil Rights Division:
- 1560 Broadway, Suite 825, Denver, CO 80202
- Phone: (303) 894-2997
- Website: ccrd.colorado.gov

EEOC Denver Field Office:
- 950 17th Street, Suite 300
- Denver, CO 80202
- Phone: (800) 669-4000

Statute of Limitations Summary