24-34-403. Time limits on filing of charges.

Statute text

Any charge alleging a violation of this part 4 must be filed with the commission pursuant to section 24-34-306 within three hundred days after the alleged discriminatory or unfair employment practice occurred, and if a charge is not timely filed, it is barred.

History

Source: L. 79: Entire part R&RE, p. 931, 3, effective July 1. L. 89: Entire section amended, p. 1041, 7, effective July 1. L. 2022: Entire section amended, (HB 22-1367), ch. 473, p. 3456, 5, effective August 10.

Annotations

Cross references: For the legislative declaration in HB 22-1367, see section 1 of chapter 473, Session Laws of Colorado 2022.

Annotations

 

ANNOTATION

Annotations

The six-month statute of limitations set forth in this section governs all actions under part 4, including actions brought pursuant to 24-34-402.5. Galieti v. State Farm Mut. Auto. Ins. Co., 840 F. Supp. 104 (D. Colo. 1993).

Six-month statute of limitations begins running when notification of discharge is given. Quicker v. Colo. Civil Rights Comm'n, 747 P.2d 682 (Colo. App. 1987).

The six-month limitation period set forth in this section applies only to claims filed with the Colorado civil rights commission and not to claims required to be filed in a district court. Galvan v. Spanish Peaks Reg'l Health Center, 98 P.3d 949 (Colo. App. 2004); Kennedy v. Colo. RS, LLC, 872 F. Supp. 2d 1146 (D. Colo. 2012).

Consulting with an attorney is not grounds for denying equitable tolling, but constitutes circumstances sufficient to begin running of limitations period. Quicker v. Colo. Civil Rights Comm'n, 747 P.2d 682 (Colo. App. 1987).

Employer's failure to give employee notice of his statutory rights equitably tolls the running of the statute of limitations. Quicker v. Colo. Civil Rights Comm'n, 747 P.2d 682 (Colo. App. 1987).