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

Filing step: File the current JDF 601 District Court Civil (CV) Case Cover Sheet with this pleading and serve it with the pleading.

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. HB 22-1367 amended C.R.S. § 24-34-403 to provide a 300-day employment-charge filing period. The Protecting Opportunities and Workers' Rights Act ("POWR Act"), SB 23-172, effective August 7, 2023, materially expanded protections under CADA, including by lowering the harassment standard so that conduct need not be "severe or pervasive" and recognizing marital status as a protected class. Plaintiff invokes those 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 District Court under Colo. Const. art. VI, § 9, which establishes district courts as courts of general 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 alleged employment practice as required by C.R.S. § 24-34-403 (as amended by HB 22-1367).

3.8. The CCRD [issued a Notice of Right to Sue / dismissed the Charge / closed administrative proceedings] on [DATE]. Plaintiff received the right-to-sue notice on [DATE, IF APPLICABLE]. If the director dismissed the charge for lack of probable cause, the dismissal notice was mailed on [DATE, IF APPLICABLE]. A copy 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. For the CADA claims, this action is filed within the applicable 90-day period: [after CCRD jurisdiction ceased upon Plaintiff's receipt of the right-to-sue notice under C.R.S. § 24-34-306(11)(a)(II), (b) / after a no-probable-cause dismissal notice was mailed or an appeal of that dismissal was dismissed under § 24-34-306(2)(b)(I)(B)]. For the parallel Title VII claim, this action is filed within 90 days after receipt of the EEOC notice under 42 U.S.C. § 2000e-5(f)(1).

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, supporting a punitive-damages request under C.R.S. § 24-34-405(3)(b), subject to proof by clear and convincing evidence and that subsection's good-faith limitation.

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. § 24-34-402(1.3)(a) defines "harass" or "harassment" to include unwelcome conduct or communication directed at an individual or group because of actual or perceived membership in a protected class. It must be subjectively offensive to the individual alleging harassment and objectively offensive to a reasonable individual in the same protected class. 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 offensive to Plaintiff and objectively offensive to a reasonable individual in the same protected class.

7.5. Defendant knew or should have known of the conduct and failed to take prompt and effective corrective action. [FOR SUPERVISOR HARASSMENT UNDER § 24-34-402(1.3)(a)(III):] Defendant cannot establish the limited employer affirmative defense in C.R.S. § 24-34-402(1.5)(a) because [FACTS SHOWING NO ADEQUATE PREVENTION PROGRAM, NO COMMUNICATION OF THE PROGRAM, OR PLAINTIFF'S REASONABLE USE OF IT].

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 (subject to C.R.S. § 24-34-405(3)(d)). Damages for emotional pain and suffering, mental anguish, loss of enjoyment of life, inconvenience, and other non-pecuniary loss.

12.3. Punitive damages (subject to C.R.S. § 24-34-405(3)(d)). 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)(b), (d).

12.4. Statutory caps acknowledgement. Under C.R.S. § 24-34-405(3)(d), combined compensatory and punitive damages follow the 42 U.S.C. § 1981a(b)(3) amounts for employers with at least 15 employees. Colorado instead sets a $10,000 cap for employers with 1–4 employees and $25,000 for employers with 5–14 employees, under the statute's covered-week conditions. Relief for the same injury under CADA and applicable federal law may be recovered only once under § 24-34-405(3)(d)(IV).

12.5. Attorney fees and costs. Recoverable under C.R.S. § 24-34-405(5), 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 demands a jury trial on every issue triable by jury as of right, including any claim for compensatory or punitive damages under C.R.S. § 24-34-405(4), and tenders the requisite jury fee with this demand under C.R.C.P. 38(b).

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. § 8-13.3-401 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. Compare state and federal causes of action, removal grounds, and procedure before choosing a forum. Filing a CADA claim in state court does not increase the § 24-34-405(3)(d) cap.

• 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.

• Check which amendments apply. HB 22-1367 changed the employment-charge filing period to 300 days effective August 10, 2022. The POWR Act took effect August 7, 2023 and changed the harassment standard. Assess the dates and nature of each alleged practice under the applicable law; 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 operative employment cap is in C.R.S. § 24-34-405(3)(d); former subsection (3)(g) is repealed. HB 25-1239 (signed May 22, 2025; effective August 6, 2025) 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)(b). The same subsection precludes punitive damages if the defendant demonstrates good-faith efforts to comply with Part 4 and prevent workplace discrimination. Plead specific facts (slurs, retaliation, willful blindness, executive-level involvement) to negate it at the outset.

• Individual liability. C.R.S. § 24-34-402(1)(e)(I) prohibits any person from aiding or abetting a discriminatory employment practice. Do not infer personal damages liability for a supervisor from that prohibition alone; identify a supported liability theory and remedy before naming an individual defendant.

• 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.

• Civil-action deadline. Under C.R.S. § 24-34-306(11)(a)-(b), receipt of a CCRD right-to-sue notice ends commission jurisdiction and starts a 90-day period to file the CADA action. A director's no-probable-cause dismissal has the separate 90-day mailing and appeal rules in § 24-34-306(2)(b)(I)(B). Section 24-34-306(15) governs requesting a right-to-sue notice; it does not supply a two-year cutoff for a later civil action. Title VII and ADA actions generally must be filed within 90 days after receipt of an EEOC notice.

• Removal. Evaluate federal-question and diversity jurisdiction before selecting claims and forum. Federal counts may permit removal under 28 U.S.C. § 1441; a CADA count alone does not enlarge the statutory damages cap.

• 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.