Recent Changes to CADA

February 6, 2023

The Colorado Anti-Discrimination Act (CADA) was recently amended in several ways. Here is a summary of some of the more significant changes.

One of the amendments substantially increases the potential damages for age discrimination. Under CADA, a plaintiff who prevails on an age discrimination claim can now recover compensatory and punitive damages. But can a plaintiff recover both punitive damages under CADA and liquidated damages under the federal Age Discrimination in Employment Act (ADEA)? We don’t know the answer to that question because there are no court opinions addressing that issue yet. Generally, however, courts do not permit a double recovery under alternative claims or theories alleging the same harm.

Prior to the recent amendments, CADA’s definition of “employee” excluded persons employed in domestic service. That exclusion has been removed and domestic service workers are now considered employees for purposes of CADA. However, the statute now provides that it is not a discriminatory or unfair employment practice to consider gender when hiring an employee engaged in domestic services related to child-care.

In Colorado (and most states) workers have 300 days in which to file a charge of discrimination with the EEOC. But aggrieved workers had only 180 days in which to file a charge of discrimination with the Colorado Civil Rights Division. That deadline has been changed to 300 days, expressly for the purpose of aligning it with the deadline for filing with the EEOC.

The recent amendments also give the CCRD more time to investigate a charge of discrimination. Its jurisdiction has been extended from 270 days to 450 days after a charge is filed. However, the statute no longer permits the parties to request an extension of time.