What Happens After You File an EEOC or CCRD Charge?

Filing an EEOC or CCRD charge is the beginning of a process, not the end of one. What follows can include an investigation, an offer to mediate, a formal determination, and, depending on how that determination comes out, a path toward court. Few people know what to expect at each stage, which can make an already stressful situation feel more uncertain than it needs to.

As Colorado employment law attorneys, we walk clients through every stage of this process, not just the initial filing. If you have not filed yet, our how to file an EEOC or CCRD charge in Colorado page covers that first step.

Notice to Your Employer

Once a charge is filed, the agency notifies your employer, referred to as the Respondent. The EEOC generally notifies the employer within 10 days of the charge being filed,^[1] providing access to a portal where the employer can respond and track the investigation. Once a formal charge is filed with CCRD, the Division similarly serves the charge and a notice on the parties.

Mediation: A Voluntary Option

The EEOC often offers mediation early in the process, before a full investigation begins.^[2] Mediation is voluntary for both sides and tends to resolve matters faster than a full investigation, often in a few months rather than the better part of a year. If mediation is not offered, is declined, or does not resolve the charge, the matter moves into the standard investigation.

The Investigation and the Employer’s Response

If a charge is not resolved through mediation, the EEOC usually asks the employer for a written response, called a Respondent’s Position Statement, and respondents generally receive about 30 days to submit it and any supporting materials once the EEOC requests it; you are generally allowed to review and respond as well. CCRD follows a comparable structure as a matter of Division procedure: the Respondent is generally given about 30 days to answer in employment and public accommodation cases, or about 10 days in housing cases, with a similar window for you to submit a rebuttal.^[3] Both agencies can request documents and interview witnesses, and in Colorado, the CCRD Director has subpoena authority to compel cooperation when necessary.

How the Investigation Concludes: Cause or No Cause

After the investigation, both agencies issue a determination that generally falls into one of two categories. The EEOC uses the term reasonable cause, while CCRD’s rules use probable cause;^[4] both describe the same basic idea. If the agency does not find enough evidence to support the allegation, you generally receive a dismissal along with notice of your right to sue in court. If the agency finds cause to believe discrimination occurred, both sides move toward conciliation, though what that involves is not identical between the two agencies.

A no cause or no probable cause finding is not a ruling that your account was untrue. It means the agency’s investigation did not turn up enough evidence to support a cause finding under its own review, which is a different question than whether a court would find the same thing.

Conciliation and the Possibility of Agency Litigation

If the EEOC finds reasonable cause, conciliation gives both sides a final, voluntary chance to resolve the matter informally before litigation is considered. If conciliation fails, the EEOC can choose to file suit on your behalf, though this is relatively uncommon given the volume of charges the agency handles. More often, if conciliation does not succeed, you receive a notice that allows you to pursue the matter in court yourself.

CCRD works differently once probable cause is found. Colorado’s rules require the parties to attempt resolution through conciliation, described in the regulation itself as compulsory mediation. Participation in the attempt is mandatory, not optional, though reaching or accepting a settlement is not. If you decline conciliation terms the Director believes are reasonable, the Director may still resolve the matter in the public interest and dismiss the charge, an action you can appeal to the Commission in the same way as a no-probable-cause determination.

Appealing a CCRD Determination

If you disagree with a CCRD Director’s no-probable-cause determination, you can appeal to the Colorado Civil Rights Commission, a seven-member body appointed by the Governor. The appeal is limited to specific grounds: disregard or misapplication of applicable law, or disregard or misinterpretation of the available evidence. New evidence generally will not be considered unless you can show it was not reasonably available before or during the investigation, so the appeal is narrower than simply re-arguing the case.

You generally must file within 10 days of the date the determination was mailed, though Colorado’s rules allow the Commission or its designee to grant one extension for good cause if you cannot meet that deadline. The Commission can uphold the determination, send the matter back for further investigation, or reverse it.

Key Deadlines in This Stage of the Process

EEOC notifies the employer: generally within 10 days of filing
Employer’s position statement or CCRD response: generally 30 days (10 days for CCRD housing cases)
Your rebuttal to the employer’s response (CCRD): generally 30 days (10 days for housing cases)
Right-to-sue request that the agency must generally grant: 180 days after filing
CCRD jurisdictional period: 450 days after the charge is filed
Appeal of a CCRD no-probable-cause determination to the Commission: generally 10 days from the mailing date, with one good-cause extension available
Lawsuit after receiving a Notice of Right to Sue (Title VII, ADA): generally 90 days

Understanding Where Your Charge Stands

The process after filing is longer and more layered than most people expect. Knowing the stages ahead of time makes each step easier to follow when it actually arrives at your door.

A determination is a procedural milestone, not a final verdict on your claim. Whether the agency finds cause or no cause, that finding shapes what happens next procedurally, but it does not by itself decide whether your underlying claim actually has merit in a courtroom.

Voluntary and compulsory steps are not the same thing here. EEOC mediation and pre-determination CCRD mediation are both optional, but Colorado requires participation in conciliation once probable cause is found, even though no one is forced to actually accept a settlement.

Short, strict deadlines can hide inside a much longer overall process. A 10-day appeal window or a 90-day suit deadline can arrive after many months of waiting, which makes it genuinely easy to lose track of exactly when the clock actually started running on any given step.

Understanding the stages in advance is useful, but knowing which stage your specific charge is actually in, and what that means for your options, takes a closer look at your own case.

Frequently Asked Questions

How long does an EEOC or CCRD investigation take?

It varies widely. The EEOC has reported an average investigation time of roughly 10 months, though mediation, when both sides agree to it, often resolves a charge in under 3 months. The CCRD’s process operates on a 450-day jurisdictional window from the date the formal charge is filed. Neither timeline is fixed, since the facts, the parties’ responsiveness, and the specific office’s caseload all affect how long a particular charge takes.

What is the difference between a "reasonable cause" and "no cause" determination?

The EEOC uses the term reasonable cause, while CCRD’s rules use probable cause; both describe the same basic idea. A cause finding means the investigating agency concluded the evidence supports the allegation, which moves the matter toward conciliation. A no cause or no probable cause finding means the agency did not find enough evidence to support that conclusion, which is not the same as finding your account untrue, and it does not by itself end your ability to pursue the matter in court. Cause findings are relatively uncommon; most charges are resolved or closed without one.

Do I have to accept mediation or conciliation?

EEOC mediation is voluntary, as is CCRD mediation offered before a determination, and you can decline either without penalty. Colorado’s process is different after a probable cause finding: CCRD rules require the parties to attempt resolution through conciliation, which the rules themselves describe as compulsory mediation. You are required to participate in that attempt, though you are not required to actually reach or accept a settlement.

Can I still sue if my charge is dismissed?

For most Title VII and ADA claims, yes. A dismissal or a no-cause finding comes with a notice that gives you the right to file a lawsuit in court, generally within 90 days of receiving it. The agency’s determination is not a ruling on the merits of your claim in the way a court judgment would be, and many discrimination lawsuits proceed after an agency dismissal rather than after a cause finding.

What if I disagree with the CCRD's determination?

You can appeal a Director’s no-probable-cause determination to the Colorado Civil Rights Commission, but the window is short, generally 10 days from the date the determination was mailed, though Colorado’s rules allow one extension for good cause if you request it. The appeal is limited to specific grounds: disregard or misapplication of applicable law, or disregard or misinterpretation of the available evidence. New evidence generally will not be considered unless you can show it was not reasonably available before or during the investigation.

Talk to a Colorado Employment Law Attorney

The process after filing has real stages, real deadlines, and real decisions to make along the way. Elkus & Sisson, P.C. represents employees across Colorado in discrimination, retaliation, wrongful termination, and related workplace matters. See Colorado office locations to find how to reach us, or visit Elkus & Sisson, P.C. online.

If you have questions about where your charge stands or what comes next, contact us or call +1 303-567-7981 to schedule a consultation.

Sources

Client Stories

I highly recommend Colorado Accident Attorneys. Their services are awesome!! Angela de la Garza was very instrumental in getting my settlement. Always kept me informed and offered me good advice in how to go forward in my slip & fall lawsuit. I…

— Wayne N.

I had found a great Lawyer”

From the date I contacted Colorado Accident Attorneys I talked to Angela De La Garza I knew I had found a great lawyer. Back in 2019 I needed a Lawyer; for my husband, he had a very bad fall on Nov 27,2019,…

— Geronimo and Rumalda P.

Our experience was five stars”

We contacted Colorado Accident Attorneys about a legal issue. My husband’s call was returned promptly. Our experience was five stars all the way through the process. Brad Hansen was the attorney and Angela De La Garza his assistant. Both treated us with…

— Anonymous

More Testimonials

Top Rated Lawyers in the State of Colorado

Schedule Consultation