(A) Who May
File.
Any aggrieved person, directly or by an attorney, or the
Commission, a Commissioner or the Attorney General may file a charge with the
Division. Housing charges may be filed as designated above but may also be
filed by an aggrieved person with the assistance of a non-attorney
representative authorized by such aggrieved person or
organization.
(B) Charge
Intake Procedures.
A potential Charging Party or Complainant shall cooperate
in submitting all information and forms required by the Division prior to the
filing of a charge. Intake forms may include, but are not limited to, the
following: intake questionnaires; statements or affidavits of discrimination;
minimizing damages statements; and disability questionnaires (where
applicable). The submission of an intake form does not constitute the filing of
a charge of discrimination. As described further below in this Rule, only a
signed and verified charge in a form and content approved by the Division shall
be accepted and filed as a charge of discrimination.
(C) Contents.
(1)
Charges of Discrimination in
Employment and Places of Public Accommodation.
(a) Charges alleging discrimination in
employment and places of public accommodation, including charges alleging
discriminatory advertising practices related to employment or places of public
accommodation, shall contain the following information:
(b) The full name and mailing address of the
Charging Party;
(c) The full name
and mailing address of the Respondent;
(d) The basis of the alleged discrimination
or unfair practice, identifying one or more protected classes and/or alleged
retaliatory treatment;
(e) A
statement of the jurisdictional authority for filing of the charge;
(f) A statement of personal harm that
summarizes the discrete claim or claims of discriminatory treatment or unfair
practices alleged against the Respondent;
(g) The Respondent's position, if known, with
regard to the complaint;
(h) A
statement of discrimination, consisting of a short and plain statement of the
facts that give rise to the alleged discriminatory or unfair practice in
employment, places of public accommodation, or advertising; and
(i) The most recent date the alleged
discriminatory or unfair practice occurred.
(2)
Charges of Discrimination in
Housing.
Charges alleging discrimination in housing shall contain
the following information:
(a) The
full name and mailing address of the Charging Party/Complainant.
(b) The full name and mailing address of
other persons aggrieved by the discriminatory treatment or unfair housing
practice.
(c) The full name and
mailing address of the Respondent.
(d) A short summary of the discrete claim or
claims of discriminatory treatment or unfair housing practices alleged against
the Respondent.
(e) A statement of
the jurisdictional authority for filing of the charge.
(f) The basis of the alleged discrimination
or unfair housing practice, identifying one or more protected classes and/or
alleged retaliatory treatment.
(g)
The address and location of the property in question, or if no property is
involved, the city and state where the alleged discrimination
occurred.
(h) A brief and concise
statement of the facts regarding the alleged violation(s).
(i) The most recent date on which the alleged
discriminatory or unfair housing practice
occurred.
(D)
Time Limits on Filing.
(1) Charges shall be
filed within the time limits specified by the Law. In computing any applicable
time period, the date of the alleged discriminatory act shall not be counted.
If the last date upon which a timely charge may be filed falls upon a Saturday,
Sunday or State of Colorado legal holiday, the charge shall be deemed timely if
filed with the Division on the next regular business day.
(2) Any untimely charge shall be barred
and/or dismissed.
(3) A signed
charge shall be deemed filed as of the date of receipt at an official office of
the Division.
(4) For purposes of
Part 4 of the Law, the date of the alleged discriminatory act is the date that
the Charging Party first received notice of the adverse employment action at
issue.
(E) Filing, Review
and Notice.
(1) Charges shall be in writing
and shall be signed and verified by the Charging Party or their
attorney. Charges shall be filed with the Division at any of its
official offices or at other offices designated by the Division to accept
written charges of discrimination. Charges shall be filed by personal delivery,
mail, or through the electronic case filing system, Case Connect.
(2) Staff shall be available to assist in the
filing of charges and to review charges submitted for appropriate form and
content prior to filing.
(3) Upon
filing of the charge, the Division shall serve a copy of the charge and a
notice by mail to the last known addresses of the parties. The notice shall
acknowledge the filing of the charge and advise the parties of the time limits
applicable to charge processing and of the procedural rights and obligations of
parties required by the Law and these Rules.
(F) Amendments.
(1) Subject to the approval of the Division,
charges may be amended under certain circumstances. Amendments to the charge
may include, but are not limited to: amendments to cure technical defects and
errors or omissions, including failure to sign or verify a charge; to clarify
or amplify the allegations therein; to join additional or substitute parties;
or to allege additional acts of unlawful, unfair or discriminatory practices
arising from the subject matter of the original charge. Such amendments and
amendments alleging additional acts which constitute unlawful, unfair, or
discriminatory practices related to or growing out of the subject matter of the
original charge will relate back to the date the charge was first
received.
(2) Amendments shall be
filed in the same manner as provided by the Law and these Rules for the filing
and serving of the original charge.
(G) Withdrawal.
The Director may allow withdrawal of a charge or its
amendments prior to the time a complaint has been issued by the Commission.
Thereafter, withdrawal of charges and of complaints may only be made with the
approval of the Commission.
Notes
3 CCR 708-1-10.4
37
CR 22, November 25, 2014, effective
12/15/2014
43
CR 12, June 25, 2020, effective
7/15/2020
45
CR 01, January 10, 2022, effective
1/30/2022
46
CR 04, February 25, 2023, effective
3/30/2023
46
CR 23, December 10, 2023, effective
12/30/2023