In Colorado, the law prohibits discrimination in employment based upon:

• Race and Color
• National Origin
• Ancestry
• Sex
• Age (over 40 and through 69)
• Disability (physical and mental)
• Religion or Creed
• Marriage to a Co-worker
• Sexual Orientation
• Retaliation for engaging in a civil rights-protected activity

Who is regulated?

Employers, Employment Agencies, Labor Organizations, On-the-Job Training and Vocational Training Programs, and Schools

Examples of Prohibited Discriminatory Practices Could Be:

• Hiring
• Promotion/Demotion
• Harassment
• Sexual Harassment
• Unequal Compensation/Benefits
• Termination
• Constructive Discharge
• Aiding and abetting a discriminatory practice
• Terms and Conditions of Employment
• Advertising

 What is the time limit for filing a complaint? 

The statute of limitations is six months from the date of the alleged discriminatory act.

Filing a Complaint:

• If you believe that you have been subjected to illegal discrimination, or you would like additional information, you may contact the Colorado Civil Rights Division.
• If it is determined that a basis for filing a claim exists, you will be provided with an intake packet that you need to complete in its entirety.  Once the Division receives the completed forms it will initiate the filing process.
• When the claim is filed, the Division will initiate an investigation of your claim.  Remember that when you file a claim, you must file a signed charge within six months and the burden of proof rests on you to support your allegation.
• The Colorado Civil Rights Division is an administrative agency and does not provide you with an attorney.  If you wish to be represented by legal counsel, you may do so at your own expense.
• Upon receipt of a fully executed charge, the Division will then serve the employer with a copy.  The employer is expected to submit a written response to the charge within a specified period of time.
• When the Division receives a copy of the employer’s response to your claim we will send to you a copy of the information relevant to your claim.  Due to the high costs incurred in printing, we will not provide a copy of every document. However, if you wish a copy of all documents, they can be provided for you at nominal fee.  Upon request, you may also review the information in the case file.
• You will be provided with an opportunity to submit a written response to the employer’s position.  The amount of time allowed will be stated in the Division’s cover letter.
• During the investigation, the Division’s representative may contact witnesses or conduct an on-site visit.
• After the investigation has been completed, the Director of the Colorado Civil Rights Division or designee will issue a decision.
• If the facts do not support your allegation of discrimination, the Director will dismiss the case.  You may appeal the decision to the Colorado Civil Rights Commission within 10 days.  Along with the dismissal, you will be issued a right to sue notice, and you will have ninety days from the date of dismissal to file in district court if you wish to pursue your claim.
• If the facts support your allegation of discrimination, the Director will issue a probable cause finding.  The Division will then attempt to resolve your case through conciliation (mandatory mediation).  Participation by both parties in the conciliation process is mandatory.  If conciliation is successful, the case will be closed with a settlement.  If conciliation is not successful, the case may be taken to public hearing.

The Federal laws prohibiting job discrimination are:

• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
• the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
• the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
• Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
• Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
• the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Filing a Charge with the Equal Employment Opportunity Commission (EEOC)

United States Department of Labor