Division of Civil Rights DORA State of Colorado Division of Civil Rights


CIVIL RIGHTS DIVISION

Processing a Complaint from Intake to Final Action

The Colorado Civil Rights Division, along with the Civil Rights Commission, administers and enforces Colorado's anti-discrimination laws. The mission of the Colorado Civil Rights Division is to assure that all persons are afforded the equal protection of the law.

Colorado law prohibits discrimination in the following areas:

EMPLOYMENT based on: Race Color
Disability Sex

Sexual Orientation (incl. transgender status)

Ancestry National Origin Religion or Creed
Age (40 through 69) Marriage to a co-worker Retaliation
     
HOUSING based on: Race Color
Disability Sex Sexual Orientation (incl. transgender status)
Ancestry National Origin          Religion or Creed
Retaliation

Marital Status    

 Familial status (having children under the age of 18)
     
PUBLIC ACCOMMODATIONS based on: Race         Color
Disability Sex Sexual Orientation (incl. transgender status)
Ancestry National Origin Religion or Creed
Retaliation Marital Status   
          

TO REGISTER A COMPLAINT,CLICK ONE OF THE INTAKE PACKETS SHOWN DIRECTLY BELOW:

Time

There is a legal requirement that a charge must be filed within a specific period of time (statute of limitations) from the date of notice of the last discriminatory act. In Housing the statute of limitations is one year; and in Public Accommodations it is sixty days. You must file an Employment charge within six months of the date that you are alleging you experienced discrimination based on one of the above protected classes. However, please note that if more than six (6) months, but fewer than 301 days, have passed since the date of the last occurrence of the alleged discriminatory act, the Colorado Civil Rights Division can take your charge and refer it to the Equal Employment Opportunity Commission (EEOC), which may be able to investigate your charge. Please contact the Colorado Civil Rights Division at 303.894.2997 if you wish to discuss a possible referral. After the statute of limitations has passed the Colorado Civil Rights Division does not have jurisdiction

Despite our name, we cannot handle all issues that are often associated with the term "civil rights." For instance, the Colorado Civil

  • federal employees filing against a federal employer
  • police and sheriff misconduct
  • judicial or court matters
  • prisoners' rights
  • characteristics such as personal appearance, political affiliation, lack of education and training, short-term disabilities, and personality conflicts.

In addition, we cannot address labor relations issues, such as:

  • wage and hour matters
  • workers' compensation
  • non-payment of wages

I.   Filing a Complaint

If you think that you have been discriminated against, please watch our video presentation, What you Need to Know Before Filing a Charge.  This video will assist you in determining if you have been discriminated against and if the Civil Rights Division has any authority over your issues; please note that the videos are in the process of being updated and do not yet include the reference to sexual orientation as detailed above and on the first page of this CCRD website. Please call or email with any questions you may have regarding them.

What you Need to Know Before Filing a Charge - (In English)

Lo Que Necesitas Saber Antes de Presentar Una Queja - (en Espanol)

If, after viewing the video presentation, you decide that you want to file a charge of discrimination, you will need to complete an Intake Packet for the area in which you will be making a charge.  Click on the packet that you want:

EMPLOYMENT COMPLAINT INTAKE PACKET (English)

MATERIAL DE ADMISIÓN de EMPLEO (en Espanol)

HOUSING COMPLAINT INTAKE PACKET (English)

MATERIAL de ADMISIÓN de VIVIENDA (en Espanol)

PUBLIC ACCOMMODATIONS COMPLAINT INTAKE PACKET (English)

MATERIAL de ADMISIÓN de LUGARES ABIERTOS AL PÚBLICO (en Espanol)

Assuming that you are within the time limits allowed for filing a discrimination charge, the first step in the complaint process is to complete a Colorado Civil Rights Division Intake Packet. We have an Intake Packet for each of the areas that we cover - Employment, Housing, and Public Accommodation. Copies of each of these are available on our Home Page as well as by entering the area directly above which is identified as the area you are interested in. You will complete a set of forms that will give us the information that we need to draft a charge. It is important that you complete all of the required forms and that you provide a detailed narrative account of the facts that led to the adverse action, that is the basis for your claim. Failure to complete all forms will result in an untimely delay in the processing of your claim. Remember completing an Intake Packet does not constitute filing a charge but is only the beginning of the process of the

Based on the information that you provide us during the intake process, the Division's Intake staff may prepare a formal charge for your signature. A charge is legally filed at the time that the Division is in receipt of the signed Charge of Discrimination. Depending upon the size of the employer - if it is an employment complaint - and the nature of the charge, we may also file it with our federal counterpart the U.S. Equal Employment Opportunity Commission (EEOC). Housing cases may also be filed with the U.S. Dept. of Housing & Urban Development (HUD).

There is no fee for filing a formal complaint with the Colorado Civil Rights Division. The Division will serve the charge of discrimination on the Respondent by regular mail. You will receive a copy of the transmittal letter in the mail indicating that your charge has been served. Along with the charge we will send to the Respondent a "Request for Information" letter requiring a specific response to the issues alleged in the charge.

II   Mediation

The transmittal letter will also include an invitation to the parties to participate in mediation. This is a voluntary, informal, meeting held between both parties. This process provides the parties with an opportunity to resolve the claim prior to an investigation or litigation. The mediation conference may result in one the following outcomes:

  1. The parties may agree to settle the matter. This settlement is finalized in a Settlement Agreement, which will be drafted by the Mediator and signed by the parties.
  2. The Mediator may conclude that the charge requires investigation and the charge will be assigned to an Investigator in the agency.

III.   Investigation

If mediation is not held or is unsuccessful the case will be assigned to an Investigator. The Investigator will analyze all information related to the case and request information as needed. Both parties will be provided with the opportunity to inspect and review information that has been submitted by the other party during the investigation. You will be provided with an opportunity to submit a rebuttal to the Respondent's position. You may also supply the names of additional witnesses who you believe could testify in your favor or help you in refuting Respondent's statements and information.

IV.   Division Director's Determination

After the investigation process has been completed the Investigator will prepare a summary report to the Director of the Civil Rights Division. The Director reviews this report and issues to both parties a Letter of Determination. The Letter of Determination states with specificity the facts of the case, the issue in dispute and provides an analysis of the case. If the Director believes that the preponderance of the evidence supports the allegation of discrimination he will issue a finding of Probable Cause. Conversely, if the evidence does not support the claim, a finding of No Probable Cause is issued. Along with the dismissal of the claim you will be issued a notice of Right to Sue. A Right to Sue Notice allows you to proceed in court if you desire.

V.  No Probable Cause/Appeal

If the Director issues a finding of No Probable Cause, you may have the opportunity to appeal that decision to the Colorado Civil Rights Commission. An appeal form and instructions are provided with all findings of No Probable Cause, if sufficient jurisdictional time remains. New or additional information not previously considered during the investigative process may be considered as part of the appeal process.

VI.   Probable Cause/Conciliation

If a finding of Probable Cause is issued Colorado law requires that a mandatory Conciliation Conference be held. The Director will assign a conciliator to work with both parties to try to resolve the complaint. If successful, a formal agreement, with the specifics of the settlement is drafted by the mediator and signed by both parties.

If our efforts to conciliate your case fail, the Director of the Division may issue a dismissal notice along with a Right to Sue letter, allowing you to proceed to court. In some cases the Colorado Civil Rights Commission may authorize the case for hearing before an Administrative Law Judge, with the administrative hearing to begin within 120 days after service of the written notice of hearing and complaint.

VII.   Right to Sue (Employment or Public Accomodations)

If the Division dismisses your case with a No Probable Cause determination, you will be advised that you have the right to sue in District Court within 90 days. Under the amendment to the law giving the division 270 days to complete a case, if the Division does not complete its investigation within 180 days, you may request a right to sue letter and the division must provide it.

Complainant's Rights and Responsibilities

You have a right:

  • To be assisted by our staff in the filing of your charge.
  • To be advised of the status and age of your case.
  • To be advised of any and all offers of settlement on your case from the Respondent.
  • To be notified when our jurisdiction on your case will cease.
  • To be represented by an attorney of your own choosing.
  • To review any information submitted by the opposing side or by witnesses.
  • To request a "right to sue" letter.

You have a responsibility:

  • To fully cooperate with the investigation
  • To notify the Colorado Civil Rights Division of any changes in your address, telephone number or any other contact information that changes
  • To provide an alternative means of contacting you during your absence, if you leave town for any length of time.

Respondent's Rights and Responsibilities

You have a right:

  • To have a clear written statement of the charge
  • To know the status of the case and who is working on it
  • To have a written notice of any final action
  • To have attorney present at any stage of the process, if you so desire

You have a responsibility:

  • To provide a written answer to the complaint within the time required after receiving it
  • To supply and explain all relevant information, data, or papers upon request
  • To respond to all telephone or mail inquiries from the CCRD.
  • To attend all meetings, hearings, or fact-finding conferences when requested. Your schedule will be accommodated, if possible.

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If you wish to pursue filing a Charge, complete the appropriate Intake Packets:

Please complete the Intake Form along with the other documents required to begin the charge filing process and send them to us at 1560 Broadway St., Suite 1050, Denver, Colorado 80202 or email them to ccrd@dora.state.co.us.

If you have determined that the Colorado Civil Rights Division does not have jurisdiction over your concern, you may be able to find the appropriate agency to handle your problem in our Resource Directory which can be reached through the link on our Home Page.

Consumer Protection