FEPA Discrimination Charge and Right-to-Sue Procedure — Colorado

FEPA Discrimination Charge and Right-to-Sue Procedure (Colorado)

This template provides a complete Colorado discrimination charge package: (A) a pre-filing eligibility memo; (B) a Charge of Discrimination for filing with the Colorado Civil Rights Division (CCRD); (C) a Right-to-Sue Demand Letter to CCRD; (D) a pre-suit Civil Complaint for use in Colorado district court under CADA; and (E) a pre-filing checklist.

POWR Act Overlay. Effective August 7, 2023, the Protecting Opportunities and Workers' Rights Act (SB 23-172) repealed the "severe or pervasive" harassment threshold under CADA. Harassment now requires only that the conduct be (i) unwelcome, (ii) directed at an individual based on (or perceived) protected class, (iii) subjectively offensive to the complainant, and (iv) objectively offensive to a reasonable member of the same protected class. C.R.S. § 24-34-301(7.5). This is a markedly lower threshold than the federal Harris v. Forklift Sys. standard. Counsel should plead state and federal claims separately to preserve the lower CADA standard.

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

PRIVILEGED AND CONFIDENTIAL — ATTORNEY WORK PRODUCT

To: [SUPERVISING ATTORNEY]
From: [DRAFTING ATTORNEY/PARALEGAL]
Re: CADA Eligibility Memo — [CLIENT NAME] v. [RESPONDENT NAME]
Date: [__/__/____]

1. Threshold Eligibility

2. POWR Act Analysis (if harassment is alleged)

☐ Conduct was unwelcome by complainant
☐ Conduct was directed at complainant based on protected class membership (actual or perceived)
☐ Conduct was subjectively offensive to complainant
☐ Conduct was objectively offensive to a reasonable member of the same protected class
☐ Severe or pervasive NOT required — POWR repealed that threshold

3. Continuing Violation Doctrine

4. Federal/State Strategy

☐ Dual-file with EEOC (preserves Title VII / ADA / ADEA federal claims)
☐ NOTE: As of October 1, 2025, MDHR/EEOC and many state-agency workshares no longer automatically cross-file. Verify CCRD-EEOC workshare status and consider independent filings.
☐ State-only CADA filing if employer < 15 employees (no Title VII jurisdiction) or to leverage POWR's lower harassment threshold

5. Damages Estimate

6. Recommendation

☐ Proceed with intake via CaseConnect within [____] days
☐ Dual-file EEOC charge within [____] days (deadline: [__/__/____])
☐ Issue litigation hold to employer (POWR 5-year recordkeeping)
☐ Decline representation (reasons): [____]

Part B — Charge of Discrimination (CCRD / EEOC Dual-Filed)

COLORADO CIVIL RIGHTS DIVISION
1560 BROADWAY, SUITE 825, DENVER, CO 80202
(303) 894-2997 | [email protected]

AND DUAL-FILED WITH:

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Denver Field Office, 950 17th Street, Suite 300, Denver, CO 80202

CHARGE OF DISCRIMINATION

This charge is filed with both CCRD and the EEOC under the workshare agreement.

Protected Class(es) — Check all that apply

☐ Race (including hair texture / protective hairstyle)
☐ Color
☐ National Origin / Ancestry
☐ Sex (including pregnancy, childbirth, related conditions)
☐ Sexual Orientation
☐ Gender Identity / Gender Expression
☐ Religion / Creed
☐ Age (40 or older)
☐ Disability
☐ Marital Status (added by POWR Act, 2023)
☐ Marriage to a Co-Worker
☐ Retaliation for protected activity
☐ Wage transparency activity (sharing wage information with co-workers)
☐ Harassment (POWR — no severe-or-pervasive requirement)

Particulars (Statement of Discrimination)

I. Personal Information

I, [COMPLAINANT NAME], was employed by [RESPONDENT] as a [JOB TITLE] from [__/__/____] until [__/__/____]. At all relevant times, I [describe protected class membership — e.g., "am a woman over the age of 40," "have a documented disability of [____]," "identify as [____]"].

II. Discriminatory Acts

[On or about [__/__/____], the following occurred: …]

[Set out a chronological narrative of specific incidents. For each incident include: date, location, persons involved (name and title), what was said/done, witnesses, and any documentation. Use numbered paragraphs.]

III. Adverse Employment Action

On [__/__/____], I was [terminated / demoted / denied promotion / denied accommodation / subjected to harassment / constructively discharged]. The stated reason given by [DECISION-MAKER NAME, TITLE] was [____], which I believe is pretextual because [____].

IV. Comparators / Similarly Situated Employees

[Identify similarly situated employees outside the protected class who were treated more favorably, including: name, position, alleged similar conduct, and treatment received.]

V. Causation

I believe I was discriminated against because of my [PROTECTED CLASS] in violation of:

• The Colorado Anti-Discrimination Act, C.R.S. § 24-34-402;
• Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 [if applicable];
• The Americans with Disabilities Act, 42 U.S.C. § 12112 [if applicable];
• The Age Discrimination in Employment Act, 29 U.S.C. § 623 [if applicable].

Verification

I declare under penalty of perjury under the laws of the State of Colorado and the United States that the foregoing is true and correct.

Signature of Charging Party: _________________________________
Date: [__/__/____]

Notary (CCRD does not require notarization, but EEOC Form 5 verification is sufficient):

Subscribed and sworn before me this ___ day of __________, 20___.

_________________________________
Notary Public, State of Colorado
My commission expires: [__/__/____]

Part C — Right-to-Sue Demand Letter

[LAW FIRM LETTERHEAD]

[DATE]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
AND VIA CASECONNECT UPLOAD

Director
Colorado Civil Rights Division
1560 Broadway, Suite 825
Denver, CO 80202

Re: Request for Notice of Right to Sue — Pursuant to C.R.S. § 24-34-306(11)
Charging Party: [NAME]
Respondent: [NAME]
CCRD Charge No.: [____]
EEOC Charge No.: [____]
Date Charge Filed: [__/__/____]

Dear Director:

This firm represents Charging Party [NAME] in the above-referenced matter. Pursuant to C.R.S. § 24-34-306(11), more than two hundred seventy (270) days have elapsed since the filing of the Charge of Discrimination with the Colorado Civil Rights Division, and the Director has not yet issued a Letter of Determination or completed the administrative process.

Charging Party hereby formally requests that the Division issue a Notice of Right to Sue under C.R.S. § 24-34-306(11) so that Charging Party may pursue a civil action in district court under CADA, C.R.S. § 24-34-405.

If the Notice of Right to Sue is issued, Charging Party understands that a civil action must be filed within ninety (90) days of receipt of the Notice. C.R.S. § 24-34-306(14).

Please direct all correspondence to the undersigned at the address above.

Respectfully,

_________________________________
[ATTORNEY NAME], Esq.
Colorado Bar No. [____]
[FIRM NAME]
Counsel for Charging Party

cc: U.S. EEOC, Denver Field Office (regarding parallel federal RTS)

Part D — Pre-Suit Civil Complaint (CADA + Title VII)

DISTRICT COURT, [COUNTY] COUNTY, COLORADO
[Court address]

Case No.: [____]
Div.: [____]
Ctrm.: [____]

COMPLAINT AND JURY DEMAND

Plaintiff [NAME], by and through undersigned counsel, files this Complaint against Defendant [EMPLOYER] and alleges as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is a resident of [COUNTY] County, Colorado.
2. Defendant is a [STATE OF INCORPORATION] [corporation / LLC / etc.] authorized to do business in Colorado, with its principal Colorado place of business at [ADDRESS].
3. Defendant employed [____] persons in Colorado at all relevant times and is an "employer" under C.R.S. § 24-34-401(3).
4. This Court has subject-matter jurisdiction under Colo. Const. Art. VI, § 9 and C.R.S. §§ 13-1-124 and 24-34-306(14).
5. Venue is proper in [COUNTY] County under C.R.C.P. 98(c) because the discriminatory acts occurred in this county and/or Defendant maintains its principal place of business here.

II. EXHAUSTION OF ADMINISTRATIVE REMEDIES

6. On [__/__/____], Plaintiff timely filed a Charge of Discrimination with the Colorado Civil Rights Division (Charge No. [____]) and the U.S. EEOC (Charge No. [____]).
7. On [__/__/____], CCRD issued a Notice of Right to Sue. This Complaint is filed within ninety (90) days of receipt, as required by C.R.S. § 24-34-306(14).
8. On [__/__/____], EEOC issued a Notice of Right to Sue. This Complaint is filed within ninety (90) days of receipt, as required by 42 U.S.C. § 2000e-5(f)(1).

III. FACTUAL ALLEGATIONS

9. [Chronological narrative of discriminatory conduct, mirroring Part B but with greater specificity, supporting documents identified by Bates range, and comparator evidence.]

IV. CLAIMS FOR RELIEF

COUNT I — Discrimination in Violation of CADA (C.R.S. § 24-34-402)

10. Plaintiff incorporates paragraphs 1–9.
11. Plaintiff is a member of a protected class under C.R.S. § 24-34-402(1).
12. Defendant subjected Plaintiff to adverse employment action because of Plaintiff's protected class.
13. Defendant's conduct was willful, wanton, and in reckless disregard of Plaintiff's rights, justifying punitive damages under C.R.S. § 13-21-102.

COUNT II — Hostile Work Environment / Harassment under POWR Act (C.R.S. § 24-34-301(7.5))

14. Plaintiff incorporates paragraphs 1–9.
15. Defendant's agents engaged in unwelcome conduct directed at Plaintiff based on Plaintiff's protected class, which conduct was subjectively offensive to Plaintiff and objectively offensive to a reasonable member of the same protected class.
16. Under the POWR Act, this harassment need not be severe or pervasive to be actionable.

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

17. Plaintiff incorporates paragraphs 1–9.
18. Plaintiff engaged in protected activity by [opposing discrimination / filing a complaint / etc.].
19. Defendant took materially adverse action against Plaintiff because of the protected activity.

COUNT IV — Title VII of the Civil Rights Act of 1964 (if applicable)

[Plead in the alternative with same operative facts; note federal damages caps under 42 U.S.C. § 1981a.]

V. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests:

a. Compensatory damages including back pay, front pay, and emotional distress damages;
b. Punitive damages under C.R.S. § 13-21-102 (CADA) and 42 U.S.C. § 1981a (Title VII);
c. Reinstatement or, in the alternative, front pay;
d. Reasonable attorneys' fees and costs under C.R.S. § 24-34-405(2)(b) and 42 U.S.C. § 2000e-5(k);
e. Pre- and post-judgment interest;
f. A trial by jury on all triable issues;
g. Such other and further relief as the Court deems just and proper.

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL TRIABLE ISSUES.

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[ATTORNEY NAME], Esq., CO Bar No. [____]
[FIRM NAME, ADDRESS, PHONE, EMAIL]
Counsel for Plaintiff

Part E — Pre-Filing Checklist

Intake / Eligibility

☐ Confirm Colorado-based employment
☐ Confirm respondent has 1+ employees (CADA coverage)
☐ Identify protected class(es) under C.R.S. § 24-34-402
☐ Identify adverse employment action(s)
☐ Calculate 300-day deadline from latest discriminatory act
☐ Identify continuing-violation theory if applicable
☐ Determine federal coverage (Title VII 15+, ADEA 20+, ADA 15+)

Documentation

☐ Personnel file (Plaintiff has statutory right to inspect under C.R.S. § 8-2-129)
☐ Performance reviews
☐ Disciplinary records
☐ Pay records / W-2s / paystubs
☐ Termination letter / separation notice
☐ Witness contact information (preserve before turnover)
☐ Comparator evidence (similarly situated employees outside protected class)
☐ Employer policies / handbook / anti-harassment policy
☐ Internal complaints (HR, supervisor, ethics hotline)
☐ Medical records (if disability or emotional distress)
☐ Text messages, emails, social media (preserved with metadata)

Filing

☐ Complete CCRD intake via CaseConnect (https://socgov07.my.salesforce-sites.com/ColoradoCivilRights/)
☐ Schedule CCRD intake interview
☐ Draft and sign Charge of Discrimination
☐ Dual-file with EEOC (independent filing — verify workshare status post-Oct. 2025)
☐ Verify Charge with notary or unsworn declaration under penalty of perjury
☐ Serve litigation hold on employer (POWR 5-year recordkeeping)
☐ Calendar 270-day RTS demand date
☐ Calendar 450-day CCRD administrative deadline

Post-Filing

☐ Monitor for respondent's 30-day answer
☐ Submit rebuttal to respondent's position statement
☐ Consider voluntary mediation
☐ Issue 270-day Right-to-Sue demand if administrative process unresolved
☐ File civil action within 90 days of RTS receipt
☐ Preserve EEOC parallel RTS deadline (90 days)

Sources and References

• Colorado Anti-Discrimination Act (CADA), C.R.S. §§ 24-34-301 to 24-34-406: https://leg.colorado.gov/colorado-revised-statutes
• C.R.S. § 24-34-402 (Discriminatory or unfair employment practices): https://law.justia.com/codes/colorado/title-24/principal-departments/article-34/part-4/section-24-34-402/
• C.R.S. § 24-34-403 (300-day filing deadline): https://ccrd.colorado.gov/discrimination
• Colorado Civil Rights Division — The Complaint Process: https://ccrd.colorado.gov/the-complaint-process
• CCRD — Common Civil Rights Questions: https://ccrd.colorado.gov/common-civil-rights-questions
• CCRD CaseConnect (intake portal): https://socgov07.my.salesforce-sites.com/ColoradoCivilRights/
• SB 23-172 (POWR Act): https://leg.colorado.gov/bills/sb23-172
• EEOC — Time Limits for Filing a Charge: https://www.eeoc.gov/time-limits-filing-charge
• EEOC Denver Field Office: https://www.eeoc.gov/field-office/denver/location
• Title VII of the Civil Rights Act of 1964: 42 U.S.C. § 2000e et seq.