The Employment Lawsuit Process in Colorado
Once a workplace dispute moves into a courtroom, it follows a fairly predictable structure, even though the outcome of any individual case is not predictable at all. Understanding the general shape of that process, from choosing a forum through discovery, motions, and trial, helps you understand what your attorney is actually doing at each stage, rather than experiencing litigation as one long unexplained wait.
We walk clients through litigation as a defined process, not an open-ended unknown, whether the case follows an EEOC or CCRD charge or moves straight to court on its own.
When a Case Moves to Court
Not every employment claim requires going through an agency first. A Colorado Wage Act claim, a breach of contract claim, or a claim under the Colorado Uniform Trade Secrets Act can generally be filed directly in court. Discrimination and retaliation claims require an administrative charge first, but the pre-suit rules differ by statute: Title VII and ADA claims ordinarily proceed to suit after the applicable EEOC right-to-sue process, while the ADEA generally permits an individual action once at least 60 days have passed from filing an EEOC charge, without the same right-to-sue-letter requirement. CADA has its own administrative prerequisites, covered in more detail in what happens after you file an EEOC or CCRD charge.
Choosing the Forum: State or Federal Court
Claims arising only under Colorado law can generally be filed in state district court.[1] Claims involving federal statutes, such as Title VII, the ADA, or the ADEA, can generally be filed in federal court, and a case asserting both federal and state claims together is often litigated in federal court under supplemental jurisdiction rather than split across two courts. The choice of forum can affect the applicable procedural rules, the jury pool, and how the case is scheduled.
Filing the Complaint and the Employer’s Response
A lawsuit begins with a complaint, a document laying out the factual allegations and legal claims, filed with the court and formally served on the employer. The employer generally has a set period to respond, either by filing an answer addressing the allegations or by filing a motion to dismiss arguing that the complaint fails to state a valid claim even if the facts alleged are true. If a motion to dismiss is denied, the case moves forward into discovery.
Discovery: What Colorado’s Rules Actually Require
Discovery is where each side gathers evidence: written discovery requests, document production, and depositions of witnesses and parties. It is often the most time-consuming stage of litigation, and the evidence developed here frequently shapes both the strength of dispositive motions and the terms of any later settlement discussion.
Dispositive Motions
After discovery, either side can move for summary judgment, asking the court to decide some or all of the case without a trial because there is no genuine factual dispute requiring one. A partial or complete grant of summary judgment can significantly change, or end, a case before it ever reaches a jury, which is part of why Colorado employment law attorneys pay such close attention to the evidence gathered during discovery, not just the arguments made at trial.
Settlement Remains Possible Throughout
Filing a lawsuit does not close the door on resolving a case without a trial. Settlement discussions can happen at any stage of litigation, sometimes prompted by what discovery reveals about the strength of each side’s position. Our mediation and settlement page covers how mediation and settlement agreements actually work in more detail.
Trial
Many federal employment discrimination claims carry a statutory right to a jury trial.[3] Colorado state claims generally carry that right as well. One distinctly Colorado detail surprises many people: Colorado civil jury verdicts are not necessarily required to be unanimous if the parties agree otherwise. Under C.R.C.P. 48,[4] the parties may stipulate before the verdict is returned that a verdict or finding agreed to by a stated majority of the jurors will be accepted, a standard that differs from Colorado’s own criminal jury requirements and from the unanimity typically required in federal civil trials absent a similar agreement.
Appeals
Either party can generally appeal a final judgment, whether after a trial verdict or a dispositive ruling that effectively ends the case. An appeal reviews the trial court’s legal rulings rather than re-trying the facts, and it can add substantial time before a case is fully and finally resolved.
Remedies and Damages
Available remedies depend heavily on the claim. Equitable relief, such as back pay, front pay, and reinstatement, is broadly available for discrimination claims under CADA, C.R.S. § 24-34-405.[5] In addition to that relief, compensatory and punitive damages are available for intentional discrimination, though not for claims based solely on disparate impact, and those combined damages are capped based on the employer’s size, ranging from $10,000 for the smallest covered employers up to figures that mirror the federal caps for larger ones. Colorado repealed CADA’s former age-specific restriction on compensatory and punitive damages in 2022.[6] Age discrimination claims are no longer categorically limited to the equitable remedies that provision previously prescribed.
Federal remedies vary by statute. Title VII and certain ADA claims may permit compensatory and punitive damages subject to the employer-size caps in the Civil Rights Act of 1991, 42 U.S.C. § 1981a.[7] The ADEA uses a different remedial framework under 29 U.S.C. § 626(b)-(c).[8] It provides legal and equitable relief and may permit liquidated damages specifically for willful violations, rather than the compensatory and punitive damages structure that applies to Title VII and ADA claims. Wage claims have their own statutory remedies as well. In some circumstances, conduct involving unpaid compensation may also support a separate civil theft claim, but civil theft requires proof of the statutory elements of theft, not merely that wages went unpaid. Because these frameworks differ by claim type and have changed over time, it is worth confirming with an attorney which one actually applies to a specific claim rather than assuming.
Filing Deadlines That Affect Litigation
- Contract claims arising from employment: generally 3 years, C.R.S. § 13-80-101
- Colorado Wage Act claims: generally 2 years, 3 years for willful violations
- FMLA retaliation claims: generally 2 years, 3 years for willful violations
- Filing suit after a Notice or Letter of Right to Sue: generally 90 days for most Title VII and ADA claims
- EEOC/CCRD charge filing deadline (a prerequisite for most discrimination suits): generally 300 days from the discriminatory or retaliatory act
What the Litigation Timeline Actually Looks Like
Litigation follows a defined structure, even when a specific case feels unpredictable. Knowing the stages in advance does not make the process shorter, but it does make it easier to follow.
Forum choice shapes more than just the courthouse address. The rules that govern discovery, the jury pool, and even how quickly a case moves can differ meaningfully between state and federal court, which is why forum is a genuinely real strategic decision, not a formality.
Colorado’s own procedural rules can surprise people. A rule most people have never heard of, like Simplified Procedure’s discovery limits or the option to stipulate to a non-unanimous civil jury verdict, can shape a case as much as the underlying facts do, which is part of why local procedural knowledge matters.
Litigation and settlement are not mutually exclusive tracks. A case can settle at almost any stage of litigation, sometimes because discovery clarified the risks on both sides, which means filing suit is not a decision to abandon negotiation, only to keep both options open.
None of this tells you exactly how long your specific case will take or what it is likely worth, only the general structure it will probably move through along the way to a resolution.
Frequently Asked Questions
Do all employment disputes end up in court?
No. Most employment disputes resolve before trial, whether through direct negotiation, agency mediation or conciliation, or settlement once litigation is underway. Litigation is often the path a case takes when earlier resolution attempts did not work, or when a claim, such as one under the Colorado Wage Act or a breach of contract, does not require going through an agency first.
What's the difference between state and federal court for an employment case?
Claims involving only Colorado law, such as a standalone CADA or Colorado Wage Act claim, can generally be filed in state district court. Claims involving federal statutes, such as Title VII, the ADA, or the ADEA, can generally be filed in federal court, and a case combining both federal and state claims is often litigated together in federal court under supplemental jurisdiction. Where a case is filed can affect the applicable procedural rules, the pool of potential jurors, and the pace of the docket.
How long does an employment lawsuit take in Colorado?
It varies significantly based on the court, the complexity of the claims, and whether the case qualifies for Colorado’s Simplified Procedure. A case under Simplified Procedure is designed to move faster, with limited discovery and an earlier trial date, while a more complex case under standard case management can take considerably longer, particularly if dispositive motions or appeals are involved.
Does a civil jury verdict have to be unanimous in Colorado?
Not necessarily. Colorado civil jury verdicts are not required to be unanimous if the parties agree otherwise. Under C.R.C.P. 48, the parties may stipulate before the verdict is returned that a verdict agreed to by a stated majority of the jurors will be accepted. This differs from Colorado’s criminal jury requirements, which do require unanimity, and can also differ from federal civil practice absent a similar stipulation. Without such an agreement, a Colorado civil verdict generally still requires the full jury to concur.
What damages can I recover if I win an employment lawsuit?
It depends on the claim. Equitable relief, such as back pay, front pay, and reinstatement, is generally available across discrimination claims. Compensatory and punitive damages for intentional discrimination under CADA are available in addition to that relief, but are capped based on the employer’s size. Title VII and certain ADA claims may permit similar compensatory and punitive damages under a separate federal cap, while the ADEA uses its own framework centered on liquidated damages for willful violations rather than the same compensatory and punitive structure. Wage claims have their own statutory remedies, and in some circumstances unpaid compensation may also support a separate civil theft claim, though that requires proving the actual elements of theft, not just that wages went unpaid. A general overview like this one cannot tell you what a specific claim is worth.
Talk to a Colorado Employment Law Attorney
Litigation follows a real structure, but every case moves through it differently depending on the claims involved and the forum. Elkus & Sisson, P.C. represents employees across Colorado in discrimination, retaliation, wrongful termination, wage and hour, and related workplace litigation. See Colorado office locations to find how to reach us, or visit Elkus & Sisson, P.C. online.
If you have questions about the employment lawsuit process in Colorado, contact us or call +1 303-567-7981 to schedule a consultation.
Sources
- Colorado Judicial Branch, District Courts
- Colorado Judicial Branch, Colorado Rules of Civil Procedure (Rule 16.1, Simplified Procedure)
- U.S. Equal Employment Opportunity Commission, Civil Rights Act of 1991
- Colorado Rules of Civil Procedure, Rule 48 (Number of Jurors)
- Colorado Revised Statutes § 24-34-405 (relief authorized under CADA)
- Colorado House Bill 22-1367, Updates to Employment Discrimination Laws (repeal of CADA age-discrimination damages restriction)
- 42 U.S.C. § 1981a (damages in cases of intentional discrimination)
- 29 U.S.C. § 626(b)-(c) (ADEA enforcement and remedies)
- Colorado Revised Statutes § 13-80-101 (three-year general limitation, contract actions)
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