In 2022, Colorado passed HB 22-1367 that made several updates to the Colorado Anti-Discrimination Act (CADA). Gov. Jared Polis signed the bill into law on June 8, 2022, with the changes to Colorado employment anti-discrimination laws taking effect on August 10, 2022. CADA makes it illegal for employers to discriminate against an employee on the basis of disability, race, creed, color, sex, sexual orientation, religion, age, national origin or ancestry. It also guarantees equal access to public accommodations and housing.
Changes to anti-discrimination laws
In 2022, the Colorado legislature updated CADA to include the following changes:
Expands the definition of employee to include individuals in domestic service
HB 22-1367 expands the definition of employee to include domestic service workers, for the purposes of CADA. However, it also includes a provision that allows employers to consider the gender of an applicant when hiring childcare services.
Extends the time limit to file a charge with the Colorado Civil Rights Division (CCRD)
Instead of 180 days, you now have 300 days from the time of the alleged discrimination issue to files a charge. This changes brings Colorado’s discrimination laws more in line with federal laws that allow people 300 days to file a complaint with the Equal Opportunity Commission.
More consistent remedies for age discrimination cases
The new amendment repeals the prohibition in age discrimination cases against the relief and recovery of certain damages so that the remedies available in employment discrimination claims are consistent, regardless of the type of discrimination alleged. It also extends the time for the Colorado Civil Rights Division (CCRD) to investigate to 450 instead of 270 days.
What is the process for filing anti-discrimination complaints?
With all of these new laws, it is important to remember that there is a statute of limitations (time limit) from the date of the last alleged discriminatory and/or retaliatory act for when you must file a complaint:
- Employment filing deadline: 300 days from the act of alleged discrimination (possibly up to 300 days for federal matters)
- Housing filing deadline: one (1) year from the act of alleged discrimination
- Public Accommodations filing deadline: sixty (60) days from the act of alleged discrimination
Therefore, if you feel that you have been discriminated against, it is important to act fast. If you choose to file a complaint yourself, you can read the steps for the Complaint Process online with the Colorado Civil Rights Division, under the Colorado Department of Regulatory Agencies, or DORA. There are different filings that need to happen before these deadlines, so it is important to start as early as possible. And whether you file yourself or get legal representation, know that the Division has 270 days to complete their administrative process (with 90-day extension requests available to both parties) so it can take a while to resolve.
Who can help me with anti-discrimination lawsuits?
The other option is to consult an attorney who is experienced with not only the deadlines and filing procedures, but also all of the state and federal anti-discrimination laws that may apply to your case. If you believe you are the victim of discrimination, it’s important to act quickly and to gather as much evidence as you can, and then contact a local civil rights attorney who can advise you on your case. The Civil Rights Litigation Group has successfully handled many anti-discrimination cases over the past 10 years and we are 100% dedicated to civil rights issues. We offer free consultations so you can find out if you have a legitimate case. Please call us at 720-515-6165.
Call 720-515-6165 for a free consultation.