Colorado Sexual Harassment Statute of Limitations: CADA & EEOC Deadlines (2026)

Time limits for filing sexual harassment claims are strict in Colorado. Under the Colorado Anti-Discrimination Act (CADA) and federal Title VII, you generally have 300 days from the last harassing act to file a complaint with the Colorado Civil Rights Division (CCRD) or the Equal Employment Opportunity Commission (EEOC). Miss this deadline, and you may lose your right to pursue legal action.

Understanding when the clock starts, what exceptions exist, and how to protect your rights is critical if you've experienced workplace sexual harassment.

The 300-Day Filing Deadline

CCRD and EEOC Deadlines

Colorado Civil Rights Division (CCRD):

• 300 days from last harassing act to file complaint
• Applies to all employers covered by CADA
• Strictest deadline for state claims
• Filing preserves your rights under Colorado law

Equal Employment Opportunity Commission (EEOC):

• 300 days from last harassing act in Colorado
• Applies to employers with 15+ employees
• Same deadline as CCRD due to dual-filing agreement
• Filing preserves federal Title VII claims

Why 300 days in Colorado:

• Colorado is a "deferral state" with CCRD
• EEOC defers to state agency first
• Extended from 180-day federal baseline
• Dual-filing agreements coordinate process

When the Clock Starts

Last harassing act triggers deadline:

• Date of most recent harassment incident
• Not the first incident
• Each new incident may restart clock
• Continuing violation may extend deadline

Examples:

• Single incident (assault): 300 days from incident date
• Ongoing harassment: 300 days from last incident
• Fired for refusing advances: 300 days from termination
• Constructive discharge: 300 days from resignation

The Continuing Violation Doctrine

What Is a Continuing Violation?

Ongoing pattern of harassment may extend deadline:

If harassment is part of continuing course of conduct:

• Related incidents over time
• Same harasser or pattern
• Similar type of harassment
• You can include earlier incidents beyond 300 days

Requirements:

• At least one incident within 300 days
• Earlier incidents part of same pattern
• Not isolated or unrelated acts
• Reasonable connection between incidents

Examples of Continuing Violations

Likely continuing violation:

• Supervisor makes sexual comments monthly for 2 years
• Co-worker sends inappropriate messages weekly
• Pattern of unwanted touching over extended period
• Series of quid pro quo threats and follow-through

Probably NOT continuing violation:

• Single incident 2 years ago, new incident now
• Different harassers with unrelated conduct
• Isolated acts separated by long periods
• Completely different types of harassment

Why This Matters

Continuing violation doctrine allows you to:

• Include entire pattern of harassment
• Strengthen your case with full history
• Show pervasive nature of conduct
• Recover damages for earlier incidents

But you must:

• File within 300 days of most recent incident
• Show connection between incidents
• Prove ongoing pattern, not isolated acts

After You File: Additional Deadlines

Right-to-Sue Letter Deadlines

After CCRD issues right-to-sue:

• 1 year to file lawsuit in Colorado court
• Begins when you receive right-to-sue letter
• Can request immediate right-to-sue at filing
• Strict deadline—court will dismiss if late

After EEOC issues right-to-sue:

• 90 days to file lawsuit in federal court
• Much shorter than CCRD deadline
• Strictly enforced by courts
• Don't delay once you receive letter

Strategic Timing Considerations

CCRD vs. EEOC filing:

• CCRD gives longer lawsuit deadline (1 year vs. 90 days)
• CCRD covers more employers (all vs. 15+)
• Can dual-file with both agencies
• Filing with one often counts as filing with both

Immediate right-to-sue:

• Available from CCRD at time of filing
• Allows you to proceed directly to court
• Useful if you've hired attorney
• Skips administrative investigation

Exceptions and Special Circumstances

Discovery Rule

Deadline may start when you discovered harassment:

In limited circumstances:

• Harassment was deliberately concealed
• You couldn't reasonably have known about it
• Employer actively hid conduct

Rarely applies to harassment:

• Usually aware of conduct when it occurs
• Hard to prove concealment
• Courts apply this exception narrowly

Fraudulent Concealment

Employer actively hides harassment:

• Destroys evidence
• Threatens witnesses
• Covers up complaints
• Intimidates you into silence

May extend deadline:

• Must prove intentional concealment
• Difficult to establish
• Rare in harassment cases

Mental Incapacity

Severe psychological trauma:

• Prevents you from filing timely
• Must be medically documented
• Very high bar to prove
• Rarely successful

Ongoing Employment Relationship

Still employed when harassment occurred:

• Deadline still applies
• Employment status doesn't extend deadline
• Don't wait until you quit to file
• Clock runs from last harassing act, not resignation

What Happens If You Miss the Deadline?

Administrative Claims Barred

If you miss 300-day CCRD/EEOC deadline:

• Cannot file administrative complaint
• CCRD/EEOC will dismiss as untimely
• Lose right to administrative investigation
• Cannot pursue lawsuit based on CADA or Title VII

Limited exceptions:

• Equitable tolling (very rare)
• Fraudulent concealment (hard to prove)
• Courts strictly enforce deadlines

Possible Alternative Claims

May still have options:

State court claims:

• Intentional infliction of emotional distress
• Assault or battery (if applicable)
• Different statutes of limitations apply
• Generally weaker than discrimination claims

Other employment claims:

• Retaliation claims have separate deadlines
• Wage claims have different time limits
• Contract claims may be available

Consult attorney immediately:

• Even if deadline passed
• May identify alternative claims
• Time limits vary by claim type
• Don't assume all options lost

How to Protect Your Rights

Act Quickly

Don't wait to file:

• 300 days passes faster than you think
• Evidence gets stale over time
• Witnesses' memories fade
• Employer may destroy documents
• Your own recollection diminishes

File as soon as possible after:

• Harassment occurs
• You're fired or forced to quit
• Pattern becomes clear
• You've gathered basic evidence

Document Immediately

Start documentation when harassment occurs:

• Write down incidents as they happen
• Date and time each entry
• Include details while fresh in memory
• Save all evidence immediately
• Don't wait to start documenting

Preserve evidence:

• Screenshot texts and emails
• Save voicemails
• Photograph offensive materials
• Keep performance reviews
• Document witnesses

Consult Attorney Early

Benefits of early consultation:

• Understand your deadlines
• Identify all claims
• Preserve evidence properly
• Strategy for filing
• Avoid missing deadlines

Most employment attorneys:

• Offer free initial consultations
• Can quickly assess your timeline
• Advise on urgency of filing
• Work on contingency
• Only paid if you recover

Calculate Your Deadline Carefully

Count from:

• Last harassing act (most common)
• Date of termination if fired
• Date of resignation if constructive discharge
• Most recent incident if ongoing

Common mistakes:

• Counting from first incident
• Thinking deadline is longer than it is
• Assuming employment extends deadline
• Waiting to see if employer fixes problem

CCRD vs. EEOC: Timeline Comparison

Learn more about the filing process

Common Questions

Can I file if the harassment happened years ago?

Only if the last incident was within 300 days. Even if harassment lasted years, you must file within 300 days of the most recent incident to preserve your claims.

What if I just discovered evidence of harassment?

The deadline generally runs from when harassment occurred, not when you discovered evidence. Discovery rule exceptions are narrow and rarely apply to sexual harassment.

Does reporting to HR extend the deadline?

No. Internal reporting doesn't stop or extend the 300-day clock. You must file with CCRD or EEOC within 300 days regardless of internal complaints.

What if I was afraid to file sooner?

Fear doesn't extend the deadline. Courts strictly enforce the 300-day limit. This is why filing early, even while still employed, is important.

Can I file after I've been fired?

Yes, as long as termination occurred within 300 days. Count from your termination date if that was the last adverse action related to harassment.

Take Action Now

If you're experiencing sexual harassment:

• Don't wait—deadlines are strict
• Document everything immediately
• Calculate your filing deadline
• Consult attorney for free consultation
• File with CCRD or EEOC within 300 days

Even if you think deadline may have passed:

• Consult attorney immediately
• May be exceptions or alternative claims
• Attorney can calculate precise deadline
• Don't assume your case is lost

Free Resources

Colorado Civil Rights Division (CCRD):

• Website: ccrd.colorado.gov{rel="nofollow"}
• Phone: 303-894-2997 or 1-800-262-4845
• File online to preserve deadline
• Free filing and investigation

Equal Employment Opportunity Commission (EEOC):

• Website: eeoc.gov{rel="nofollow"}
• Phone: 1-800-669-4000
• Denver Office: 303 E. 17th Ave., Suite 410
• Free charge filing

Colorado Bar Association:

• Attorney referral service
• Find employment lawyers
• Free or low-cost consultations

Related Resources

• Colorado Sexual Harassment Overview
• Filing a Sexual Harassment Claim in Colorado
• Hostile Work Environment in Colorado
• Quid Pro Quo Harassment in Colorado
• Colorado Workplace Retaliation
• Contact an Employment Attorney

Legal Disclaimer

This guide provides general information about statute of limitations for Colorado sexual harassment claims and is not legal advice. Deadlines depend on specific facts and can be complex. For advice about your filing deadline and legal options, consult a licensed Colorado employment attorney immediately.

Official Resources:

• Colorado Civil Rights Division: ccrd.colorado.gov{rel="nofollow"} | 303-894-2997
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000