3 Colo. Code Regs. § 708-1-10.4

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 3 CCR 708-1-10.4 - Charges

(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.

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