Can I Sue For Workplace Discrimination In Colorado?

Can I Sue for Workplace Discrimination in Colorado?

Yes, you can sue for workplace discrimination in Colorado if you are the victim of discrimination. You’re the victim of discrimination in Colorado if your employer takes an adverse action, makes the work environment unmanageable, or otherwise treats you differently because of a protected class. In Colorado, the protected classes include race, sexual orientation, and other groups. All Colorado employees have rights.

Does Colorado Have Anti-Discrimination Laws?

Yes, Colorado has anti-discrimination laws. It’s illegal for an employer to discriminate against any employee based on a protected characteristic. When an employee believes that they’re the victim of discrimination, the Colorado Civil Rights Division and the Equal Employment Opportunity Commission can step in to enforce the law. The victim may also receive damages in the form of financial compensation.

How To File A Workplace Discrimination Lawsuit In Colorado

If you believe you’ve been discriminated against at work in Colorado, you have the right to file a claim under state and federal law. Here’s how the process works and what you need to know:  

1. You have been discriminated against. Discrimination can be any kind of retaliation, disparate treatment, demotion, or firing. A hostile work environment can also be retaliation. 

2. The discrimination is based on a protected characteristic. Colorado and federal law both define protected categories. Employers can treat employees and applicants differently, but they can’t discriminate against them based on defined, protected characteristics. 

3. File with the Right Agency 

If you believe you’ve been discriminated against at work, you can file a complaint with the appropriate agency: 

• Colorado Civil Rights Division (CCRD): Colorado’s state law (CADA) applies to all employers, regardless of size, with a few limited exceptions. This means that even if your employer has fewer than 15 employees, you can still file with the CCRD. For full details, you can refer to the CADA guidelines. 

• Equal Employment Opportunity Commission (EEOC): Federal law, including Title VII and the ADA, typically applies to employers with 15 or more employees (20 or more for age discrimination). If that applies to you, your complaint will go through the EEOC.  

4. File Within the Required Timeframe 

 Recent changes under HB 22-1367 have extended the time for filing certain employment discrimination claims with the Colorado Civil Rights Division (CCRD). As of this bill, the filing deadline is now 300 days from the date of the discriminatory act, aligning it with the federal timeframe. This change also includes adjustments to definitions (for example, employees now include domestic service workers). 

• You now have 300 days to file with the CCRD, rather than the previous 180-day limit. 

• For the EEOC, the filing deadline remains 300 days. 

5. Government Investigation and Notice of Rights 

Once you file a complaint, the government agency will investigate your case. After completing the investigation, they will issue one of the following: 

• Dismissal and Notice of Rights, or 

• Notice of Right to Sue 

 This is a crucial step – without this notice, you cannot move forward with your lawsuit. 

6. Act Quickly After Receiving Your Notice 

Once you receive your Dismissal and Notice of Rights or Notice of Right to Sue, you have 90 days to file your lawsuit in court. Be sure to act promptly to ensure you don’t miss this important deadline. 

What Are the Protected Classes in Colorado?

The protected classes in Colorado are:

• Race
• Color
• Religion
• Creed
• National origin
• Ancestry
• Sex
• Age
• Sexual orientation
• Physical disability
• Mental disability

If you’re the victim of employment discrimination based on a protected class, you may file a complaint and bring a claim for compensation.

What Is Colorado’s Anti-Discrimination Act?

Colorado’s Anti-Discrimination Act (CADA), found in C.R.S. 24-34-401, prohibits discrimination in employment, housing, and public accommodations based on race, color, sex, disability, sexual orientation, gender identity, religion, age, and more. 

• The Colorado Sexual Orientation Employment Discrimination Act, now part of CADA, specifically safeguards against discrimination based on sexual orientation and gender identity. 

• Recent updates, like HB25-1239 (May 2025), strengthen protections and extend filing deadlines, particularly for individuals with disabilities. 

•  Additionally, federal laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), also provide critical protections. 

Recent Legal Updates On Employment Discrimination

It’s important to stay informed about the latest changes to employment discrimination laws. Below are some key updates: 

• HB22-1367 (Effective August 10, 2022) The HB22-1367 bill, effective August 10, 2022, introduced several significant changes. These include extending the filing deadline for discrimination claims to 300 days, expanding the definition of “employee” to include domestic workers, and providing broader remedies, particularly in age discrimination cases. The bill also increased the time the Colorado Civil Rights Division (CCRD) has to investigate claims. 

• HB25-1239 (Enacted May 2025) The HB25-1239 bill, enacted in May 2025, strengthens the Colorado Anti-Discrimination Act (CADA) by extending filing deadlines for public accommodation claims and advertising. It also consolidates remedies for individuals with disabilities and clarifies the types of damages available for discrimination claims. 

• HB25-1312 (Signed in 2025, Effective October 1, 2026) – The  HB25-1312 bill,signed into law in 2025 and set to take full effect on October 1, 2026, clarifies important aspects of gender expression rights in the workplace, including the right to use a chosen name and preferred pronouns. 

Types of Employment Discrimination in Colorado

The types of employment discrimination in Colorado include:

• Intimidation
• Threats
• Harassment
• Coercion
• Blacklisting
• Damage
• Demotion
• Refusal to hire
• Termination
• Making life difficult at work
• Changing the schedule as a punishment
• Treating one employee different than others

What Constitutes a Hostile Work Environment in Colorado?

In Colorado, a hostile work environment is an environment that’s difficult or uncomfortable to work in. It might be intimidating or retaliatory. Whether a work environment is hostile depends on the specific situation. It’s a question of fact. The standard is whether a reasonable person would find the environment hostile.

What Can I Win In A Workplace Discrimination Case In Colorado?

In a Colorado workplace discrimination case, you may be entitled to several forms of compensation, depending on the facts of your case. These include: 

•  Economic Damages: These are meant to compensate you for lost wages, benefits, and other earnings you would have received had the discrimination not occurred. For more on economic damages, see the Colorado Civil Rights Division and how they apply to workplace discrimination. 

• Non-Economic Damages: These are awarded for emotional distress, mental anguish, and other non-tangible losses. The amount awarded can vary, but Colorado law allows for the recovery of these damages depending on the severity of the discrimination. Learn more about what constitutes non-economic damages in Colorado law. 

• Punitive Damages: In cases where the employer’s actions were especially malicious or reckless, the court may award punitive damages to punish the employer and deter future discriminatory conduct. There are caps on punitive damages, which depend on the size of the employer. Federal guidelines for these caps can be found through the EEOC.

Is It Always Workplace Discrimination to Treat Someone With a Disability Differently?

No, it’s not always workplace discrimination to treat someone with a disability differently in the workplace. If a disability prevents someone from doing the essential duties of the job, the employer doesn’t have to hire the person for the job. The employer must provide reasonable accommodations to enable a person with a disability to do a job, but they don’t have to employ someone who can’t perform the essential functions of a job even if it’s because of a disability.

Contact Our Colorado Attorneys for Wrongful Termination

Have you suffered from workplace discrimination or wrongful termination? Are you wondering what your legal rights are as an employee? At Bachus & Schanker, LLC, we’re Denver wrongful termination lawyers. We’re passionate about helping you exercise your rights.

If you think that you might be the victim of workplace discrimination, contact us right away. We’ll help you take all of the necessary steps to get the justice that you deserve. Your call is free and confidential. We are conveniently located at 5 Colorado locations near you in Denver, Fort Collins, Colorado Springs, Aurora, and Englewood. Our attorneys are ready to serve you and fight for the compensation you deserve. Call us today.

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