Colorado State Civil Rights Complaint (CADA)

CIVIL RIGHTS COMPLAINT — COLORADO ANTI-DISCRIMINATION ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — CADA Discrimination (C.R.S. § 24-34-402)
7. Count II — CADA Hostile Work Environment / Harassment (POWR Act standard)
8. Count III — CADA Retaliation (C.R.S. § 24-34-402(1)(e))
9. Count IV — CADA Failure to Accommodate (C.R.S. § 24-34-402(1)(a))
10. Count V — Title VII Parallel Count (42 U.S.C. § 2000e-2)
11. Count VI — ADA Parallel Count (42 U.S.C. § 12112)
12. Damages
13. Prayer for Relief
14. Demand for Trial by Jury
15. Reservation of Rights
16. Signature and Service Blocks
17. Verification
18. Certificate of Service
19. Colorado Practice Notes
20. Sources and References

1. CAPTION

DISTRICT COURT, [______________________] COUNTY, COLORADO

[STREET ADDRESS OF COURT]

[CITY], COLORADO [ZIP]

Case No.: [________________________________]

Division / Courtroom: [____]

COMPLAINT AND JURY DEMAND

(Civil Rights — Colorado Anti-Discrimination Act, C.R.S. § 24-34-301 et seq.; Title VII, 42 U.S.C. § 2000e et seq.; ADA, 42 U.S.C. § 12101 et seq.)

2. INTRODUCTION

1. This is a civil action for declaratory relief, injunctive relief, compensatory damages, punitive damages, equitable back pay and front pay, prejudgment and postjudgment interest, attorney fees, and costs arising from Defendants' unlawful [discrimination / harassment / retaliation / failure to accommodate] against Plaintiff in violation of the Colorado Anti-Discrimination Act ("CADA"), C.R.S. § 24-34-301 et seq., and parallel federal civil rights statutes.

2. Plaintiff was subjected to adverse [employment / housing / public-accommodation] action because of Plaintiff's [protected characteristic — e.g., race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity or expression, disability, age (40+), creed, marital status, pregnancy, or related medical condition].

3. The Protecting Opportunities and Workers' Rights Act ("POWR Act"), SB 23-172, effective August 7, 2023, materially expanded protections under CADA, including by (a) extending the administrative filing window to 300 days, (b) lowering the harassment standard so that conduct need not be "severe or pervasive," and (c) recognizing marital status as a protected class. Plaintiff invokes those amended protections to the extent applicable.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is a natural person and at all relevant times a resident of [COUNTY] County, Colorado.

3.2. Defendant [ENTITY NAME] is a [corporation / LLC / partnership / sole proprietorship / public entity] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and at all relevant times was Plaintiff's "employer" within the meaning of C.R.S. § 24-34-401(3) [and/or "person" within the meaning of 42 U.S.C. § 2000e(a) and an "employer" of fifteen (15) or more employees within the meaning of 42 U.S.C. § 2000e(b)].

3.3. Defendant [INDIVIDUAL NAME] is a natural person who, at all relevant times, [supervised Plaintiff / aided and abetted the discriminatory practices alleged herein within the meaning of C.R.S. § 24-34-402(1)(e)(I))].

3.4. Subject-matter jurisdiction is proper in this Court under Colo. Const. art. VI, § 9, and C.R.S. § 13-1-124 (general civil jurisdiction). This Court has concurrent subject-matter jurisdiction over Plaintiff's parallel Title VII and ADA claims pursuant to Yellow Freight Sys., Inc. v. Donnelly, 494 U.S. 820 (1990).

3.5. Personal jurisdiction is proper under Colorado's long-arm statute, C.R.S. § 13-1-124, because Defendants transact business and committed the tortious acts complained of in Colorado.

3.6. Venue is proper in [COUNTY] County under C.R.C.P. 98(c) because Defendants reside in or have a principal place of business in this County and/or because the acts complained of occurred here.

3.7. Plaintiff timely filed a Charge of Discrimination with the Colorado Civil Rights Division ("CCRD") on [DATE], CCRD Charge No. [__________], within 300 days of the most recent act of discrimination as required by C.R.S. § 24-34-403 (as amended by SB 23-172).

3.8. The CCRD [issued a Notice of Right to Sue / dismissed the Charge / closed administrative proceedings] on [DATE], a copy of which is attached as Exhibit A.

3.9. Plaintiff also dual-filed the Charge with the U.S. Equal Employment Opportunity Commission ("EEOC"), EEOC Charge No. [__________], and received a Notice of Right to Sue on [DATE] (Exhibit B). This Complaint is filed within 90 days of Plaintiff's receipt of that Notice as required by 42 U.S.C. § 2000e-5(f)(1).

4. ADMINISTRATIVE EXHAUSTION

4.1. Plaintiff has fully exhausted all required administrative remedies before the CCRD and the EEOC.

4.2. All claims pleaded herein are within the scope of the underlying administrative charges or are reasonably related to and grew out of the investigation of those charges.

4.3. This action is timely under (a) C.R.S. § 24-34-306(15) (90-day deadline after CCRD Right to Sue), and (b) 42 U.S.C. § 2000e-5(f)(1) (90-day deadline after EEOC Right to Sue).

5. FACTUAL ALLEGATIONS

5.1. Plaintiff was hired by Defendant on or about [DATE] as a [POSITION TITLE] at Defendant's [LOCATION] facility.

5.2. Throughout Plaintiff's tenure, Plaintiff performed Plaintiff's duties competently and in accordance with Defendant's legitimate expectations, as reflected in [performance reviews / commendations / metrics].

5.3. Plaintiff is a member of one or more classes protected by CADA and parallel federal law, namely [describe: e.g., African-American (race), female (sex), age 52 (age 40+), individual with disability of [condition], etc.].

5.4. Beginning on or about [DATE], Defendant [INDIVIDUAL NAME], acting within the course and scope of employment, [describe specific discriminatory conduct: slurs, demotion, denial of promotion, denial of accommodation, disparate discipline, termination].

5.5. [Describe additional incidents in chronological order, with date, actor, witnesses, and the link to Plaintiff's protected status.]

5.6. Similarly situated employees outside Plaintiff's protected class were treated more favorably, in that [describe specific comparators by initials or job title].

5.7. On [DATE], Plaintiff complained to [HR / supervisor / manager] about the discriminatory conduct. Defendant [failed to investigate / took no remedial action / retaliated against Plaintiff].

5.8. On [DATE], Defendant [terminated / demoted / disciplined / constructively discharged] Plaintiff. The proffered justification — [stated reason] — is pretextual.

5.9. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and continues to suffer lost wages and benefits, emotional distress, humiliation, reputational harm, and consequential damages.

6. COUNT I — CADA DISCRIMINATION (C.R.S. § 24-34-402)

6.1. Plaintiff incorporates Paragraphs 1 through 5.9 as if fully set forth.

6.2. CADA makes it a discriminatory or unfair employment practice for an employer to discharge, refuse to hire, promote, demote, or discriminate in compensation or terms, conditions, or privileges of employment because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, age, national origin, ancestry, or marital status. C.R.S. § 24-34-402(1)(a).

6.3. Plaintiff is a member of a protected class under CADA.

6.4. Plaintiff was qualified for the position and was performing at a level meeting Defendant's legitimate expectations.

6.5. Defendant subjected Plaintiff to an adverse employment action — namely, [termination / demotion / failure to promote / discipline].

6.6. The adverse action occurred under circumstances giving rise to an inference of unlawful discrimination, including [disparate treatment of comparators / discriminatory remarks / temporal proximity / shifting explanations].

6.7. Defendant's stated reasons for the adverse action are pretextual, false, or insufficient to justify the action.

6.8. Defendant acted with malice or with reckless indifference to Plaintiff's protected rights, justifying an award of punitive damages under C.R.S. § 24-34-405(3)(d).

7. COUNT II — CADA HOSTILE WORK ENVIRONMENT / HARASSMENT (POWR Act standard)

7.1. Plaintiff incorporates Paragraphs 1 through 6.8.

7.2. Following the POWR Act (SB 23-172), C.R.S. § 24-34-301(7.5) defines "harass" or "harassment" to include unwelcome conduct directed at an individual or group of individuals because of a protected characteristic that a reasonable person would find offensive; the conduct need not be severe or pervasive.

7.3. Defendant subjected Plaintiff to unwelcome conduct because of Plaintiff's [protected status], including [describe slurs, displays, touching, bullying, exclusion, etc.].

7.4. The conduct was subjectively unwelcome and objectively offensive under the post-POWR Act standard.

7.5. Defendant knew or should have known of the conduct and failed to take prompt and effective corrective action; Defendant cannot establish the affirmative defenses set forth in C.R.S. § 24-34-402(1)(e)(II).

7.6. As a result, Plaintiff has suffered the damages alleged.

8. COUNT III — CADA RETALIATION (C.R.S. § 24-34-402(1)(e))

8.1. Plaintiff incorporates Paragraphs 1 through 7.6.

8.2. CADA prohibits retaliation against any person who has opposed any practice made discriminatory by the article or filed a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing.

8.3. Plaintiff engaged in protected activity by [opposing discrimination, complaining to HR, filing the CCRD charge, participating in an investigation] on [DATE].

8.4. Defendant subjected Plaintiff to materially adverse action — [termination / demotion / shift change / discipline] — that would dissuade a reasonable employee from making or supporting a charge of discrimination.

8.5. There is a causal connection between Plaintiff's protected activity and the adverse action, including [temporal proximity / direct evidence / shifting reasons].

9. COUNT IV — CADA FAILURE TO ACCOMMODATE (C.R.S. § 24-34-402(1)(a))

9.1. Plaintiff incorporates Paragraphs 1 through 8.5.

9.2. Plaintiff is a qualified individual with a disability within the meaning of C.R.S. § 24-34-301(2.5) and 42 U.S.C. § 12102.

9.3. Plaintiff requested a reasonable accommodation on [DATE], namely [describe accommodation], which would have permitted Plaintiff to perform the essential functions of the position.

9.4. Defendant failed to engage in a good-faith interactive process and refused the requested accommodation. Following the POWR Act, Defendant cannot rely on the previously-recognized "significant impact on the job" defense, which has been eliminated.

9.5. Granting the accommodation would not have imposed an undue hardship on Defendant under C.R.S. § 24-34-301 or 42 U.S.C. § 12111(10).

10. COUNT V — TITLE VII PARALLEL COUNT (42 U.S.C. § 2000e-2)

10.1. Plaintiff incorporates Paragraphs 1 through 9.5.

10.2. Title VII prohibits the same conduct alleged in Counts I-III with respect to race, color, religion, sex (including sexual orientation and gender identity per Bostock v. Clayton County, 590 U.S. 644 (2020)), and national origin.

10.3. Plaintiff has timely exhausted administrative remedies with the EEOC and brings this Count within 90 days of the EEOC Notice of Right to Sue.

10.4. Plaintiff is entitled to back pay, front pay, compensatory damages, punitive damages (subject to the cap of 42 U.S.C. § 1981a(b)(3)), reinstatement, attorney fees, and costs under 42 U.S.C. §§ 2000e-5(g), (k) and § 1981a.

11. COUNT VI — ADA PARALLEL COUNT (42 U.S.C. § 12112)

11.1. Plaintiff incorporates Paragraphs 1 through 10.4.

11.2. Title I of the ADA prohibits discrimination on the basis of disability and requires reasonable accommodation absent undue hardship.

11.3. Defendant's conduct alleged in Counts I and IV violates 42 U.S.C. § 12112(a) and (b)(5)(A).

11.4. Plaintiff seeks the full panoply of ADA remedies under 42 U.S.C. § 12117(a) and 42 U.S.C. § 1981a.

12. DAMAGES

12.1. Equitable relief (not subject to cap). Back pay with prejudgment interest, front pay or reinstatement, restoration of seniority and benefits, and injunctive relief barring further discriminatory practices. C.R.S. § 24-34-405(2); 42 U.S.C. § 2000e-5(g).

12.2. Compensatory damages (capped per C.R.S. § 24-34-405(3)(g)). Damages for emotional pain and suffering, mental anguish, loss of enjoyment of life, inconvenience, and other non-pecuniary loss.

12.3. Punitive damages (capped per C.R.S. § 24-34-405(3)(g)). Plaintiff seeks punitive damages on clear-and-convincing proof that Defendant engaged in the discriminatory practice with malice or reckless indifference to Plaintiff's protected rights. C.R.S. § 24-34-405(3)(d), (e).

12.4. Statutory caps acknowledgement. Plaintiff acknowledges that combined compensatory and punitive damages under CADA are capped on a sliding scale by employer size: $10,000 (<5 EE), $25,000 (5-14), $50,000 (15-100), $100,000 (101-200), $200,000 (201-500), and $300,000 (500+). C.R.S. § 24-34-405(3)(g). Caps under 42 U.S.C. § 1981a(b)(3) apply separately to the federal counts.

12.5. Attorney fees and costs. Recoverable under C.R.S. § 24-34-405(2)(b), 42 U.S.C. § 2000e-5(k), and 42 U.S.C. § 12205.

12.6. Pre- and post-judgment interest as authorized by C.R.S. § 5-12-102 and 28 U.S.C. § 1961.

13. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally, as follows:

• A. Declaring that Defendants' conduct violated CADA, Title VII, the ADA, and parallel federal civil rights statutes;
• B. Permanently enjoining Defendants from further discriminatory and retaliatory practices and ordering institutional remedies including training, policy reform, and posting of notice;
• C. Awarding back pay with prejudgment interest, front pay or reinstatement, and restoration of seniority and benefits;
• D. Awarding compensatory damages in an amount to be proven at trial, subject to applicable statutory caps;
• E. Awarding punitive damages in an amount to be proven at trial, subject to applicable statutory caps;
• F. Awarding reasonable attorney fees, expert fees, and costs of suit;
• G. Awarding pre- and post-judgment interest as authorized by law; and
• H. Granting such other and further relief as this Court deems just and proper.

14. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to C.R.C.P. 38, C.R.S. § 24-34-405(8), and the Seventh Amendment to the United States Constitution.

15. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims or join additional parties as discovery may reveal, including but not limited to claims under C.R.S. § 8-5-101 et seq. (Equal Pay for Equal Work Act), C.R.S. § 8-13.3-201 et seq. (Healthy Families and Workplaces Act), 42 U.S.C. § 1981, and the Colorado common law of wrongful discharge in violation of public policy.

16. SIGNATURE AND SERVICE BLOCKS

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Colorado Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY], CO [ZIP]

Telephone: [________________]

Email: [________________]

17. VERIFICATION

STATE OF COLORADO

COUNTY OF [______________________] ss.

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and state that I am the Plaintiff in the foregoing action; that I have read the Complaint; and that the matters stated therein are true to my own knowledge except as to those matters stated upon information and belief, and as to those matters I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

My commission expires: [_______________]

18. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing COMPLAINT AND JURY DEMAND was served through the Colorado Courts E-Filing system / by U.S. Mail, postage prepaid / by personal service through a process server, upon:

[DEFENDANT'S NAME / REGISTERED AGENT]

[STREET ADDRESS]

[CITY, STATE ZIP]

[________________________________]

[ATTORNEY NAME]

19. COLORADO PRACTICE NOTES

• Forum selection. Most plaintiffs file in Colorado state district court to obtain the broader CADA cap structure and avoid federal forum constraints. If the case includes substantial federal claims, removal to the U.S. District Court for the District of Colorado under 28 U.S.C. § 1441 is likely. Consider artful pleading or strategic dismissal of federal counts where state forum is preferred.

• Pleading standard. Colorado follows notice pleading under C.R.C.P. 8(a), modified by Warne v. Hall, 2016 CO 50, which adopted the federal Twombly/Iqbal plausibility standard. Plead specific facts supporting each element of every count.

• POWR Act (SB 23-172) — verify accrual date. The POWR Act took effect August 7, 2023. For pre-Aug. 7, 2023 conduct, the prior 6-month / 180-day filing window and "severe or pervasive" harassment standard apply. For ongoing or post-Aug. 7, 2023 conduct, plead under the amended statute. Consider continuing-violation theories where appropriate.

• CADA damages caps remain in force. Practitioners sometimes overstate the POWR Act as making damages uncapped — that is incorrect. The cap structure in C.R.S. § 24-34-405(3)(g) is unchanged. HB 25-1239 (signed 2025; effective 2026) reorganizes remedies for public-accommodation/disability claims and adds a $50,000 noneconomic cap there; it does not eliminate the CADA employment caps.

• Punitive damages standard. Clear and convincing proof of malice or reckless indifference. C.R.S. § 24-34-405(3)(e). The "good-faith efforts" affirmative bar (§ 24-34-405(3)(f)) is a defense available to employers with bona fide anti-discrimination policies and training. Plead specific facts (slurs, retaliation, willful blindness, executive-level involvement) to negate it at the outset.

• Individual liability. CADA's aiding-and-abetting provision, C.R.S. § 24-34-402(1)(e)(I), permits individual-supervisor liability — Title VII does not. Sue individual harassers/supervisors under CADA where the facts support it.

• Title VII employer threshold. 15 employees minimum (42 U.S.C. § 2000e(b)). CADA reaches employers with as few as one employee. C.R.S. § 24-34-401(3). For very small employers, CADA is the only viable employment-discrimination statute.

• Statute of limitations on the civil action. 90 days from CCRD Right to Sue under C.R.S. § 24-34-306(15), OR within 2 years of the discriminatory act, whichever is shorter. Title VII and ADA actions: 90 days from EEOC Notice of Right to Sue.

• Removal. Federal counts permit removal under 28 U.S.C. § 1441. Plaintiffs strongly prefer state court because of more plaintiff-friendly Colorado jury pools, broader voir dire, and CADA's individual-liability hook. Consider whether to omit federal counts and rely on state law alone (mindful of res judicata implications).

• Mediation. CCRD offers mediation early in the charge process; a successful mediation resolves the matter without litigation. C.R.S. § 24-34-306(1).

• Continuing violations. National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002), distinguishes discrete acts from hostile-environment claims. Each discrete act starts its own 300-day clock; hostile-environment claims sweep in earlier conduct so long as one act falls within the window.

• Whistleblower / public-policy overlay. Where the discrimination intersects with reports of unlawful conduct, consider parallel claims under the Public Health Emergency Whistleblower Law, C.R.S. § 8-14.4-101 et seq., or common-law wrongful discharge in violation of public policy under Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992).

• Mandatory disclosures and case-management. C.R.C.P. 16 and 26 require disclosure of damages computation, witness lists, and key documents shortly after issue is joined; calendar and prepare from filing.

20. SOURCES AND REFERENCES

• Colorado Anti-Discrimination Act, C.R.S. § 24-34-301 et seq. — https://leg.colorado.gov/
• C.R.S. § 24-34-402 (discriminatory employment practices) — https://leg.colorado.gov/
• C.R.S. § 24-34-403 (limitation period) — https://leg.colorado.gov/
• C.R.S. § 24-34-405 (relief authorized; damages caps) — https://leg.colorado.gov/
• SB 23-172 — Protecting Opportunities and Workers' Rights Act (POWR Act) — https://leg.colorado.gov/bills/sb23-172
• HB 13-1136 — Job Protection and Civil Rights Enforcement Act — https://leg.colorado.gov/
• HB 25-1239 — CADA Remedies Modification — https://leg.colorado.gov/bills/hb25-1239
• Colorado Civil Rights Division — https://ccrd.colorado.gov/
• 3 C.C.R. 708-1 (Colorado Civil Rights Commission Rules) — https://ccrd.colorado.gov/sites/ccrd/files/documents/3CCR708-1-Colorado-Civil-Rights-Commission-Rules-and-Regulations.pdf
• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
• 42 U.S.C. § 1981a (Title VII compensatory and punitive damages and caps)
• Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
• Bostock v. Clayton County, 590 U.S. 644 (2020) (sexual orientation and gender identity within "sex" under Title VII)
• Yellow Freight Sys., Inc. v. Donnelly, 494 U.S. 820 (1990) (state-court concurrent jurisdiction over Title VII)
• National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation doctrine)
• Warne v. Hall, 2016 CO 50 (adopting Twombly/Iqbal plausibility standard in Colorado)
• Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992) (wrongful-discharge public policy)
• Colorado Rules of Civil Procedure — https://www.coloradojudicial.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Colorado must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities, deadlines, and damages caps before use.