Colorado Age Discrimination Laws: Protection for All Adults 18+

Quick Answer: Colorado's CADA protects workers 18 and older—broader than federal ADEA which only protects 40+. CADA covers all employers with 1+ employees. This means younger workers have state discrimination protection in Colorado that doesn't exist in most states. File complaints with CCRD within 6 months.

Colorado provides exceptional age discrimination protections.

Colorado Age Protection

CADA Coverage

Protects:

• Workers 18 and older
• Against age discrimination
• At all employers (1+ employees)
• All employment decisions

Federal ADEA

Also applies:

• Workers 40 and older only
• Employers with 20+ employees
• 300-day filing deadline

Colorado's Advantage

Who's Protected

Colorado State Law

Workers 18 and older:

• Broad protection
• Any age discrimination
• Not just older workers
• Unique among states

Why This Matters

Example situations:

• 25-year-old passed over for "more experienced" candidate
• 30-year-old told they're "too young" for management
• Any age-based adverse action for adults

What's Prohibited

Hiring

Cannot:

• Refuse to hire based on age
• Set age limits for positions (generally)
• Ask age in interviews
• Screen out by age

Workplace Treatment

Cannot:

• Fire because of age
• Demote based on age
• Pay differently by age
• Deny promotions
• Harass based on age

Layoffs

Special scrutiny:

• Cannot target by age
• Selection must be neutral
• Document non-age reasons

Proving Age Discrimination

Direct Evidence

Shows intent:

• Age-related comments
• "Too old" or "too young" statements
• Written age preferences
• Policy based on age

Circumstantial Evidence

Patterns suggesting bias:

• Different treatment by age
• Statistics showing age pattern
• Pretextual reasons
• Timing of decisions

Prima Facie Case

Generally show:

• In protected age range (18+ state, 40+ federal)
• Qualified for position
• Adverse action taken
• Circumstances suggest age discrimination

Filing Complaints

CCRD (State)

Colorado Civil Rights Division:

• Phone: 303-894-2997
• Deadline: 6 months
• Covers all employers
• Workers 18+

EEOC (Federal)

For ADEA claims:

• Phone: 1-800-669-4000
• Deadline: 300 days
• 20+ employee employers
• Workers 40+ only

Which to Choose

Consider:

• Under 40: CCRD only (ADEA doesn't apply)
• Under 20 employees: CCRD only
• 40+ at 20+ employer: Can file both

Common Scenarios

Scenario 1: Too Young for Promotion

Situation: Age 28, told not ready for management despite qualifications.

Analysis: If based on age rather than experience, may be discrimination under CADA.

Scenario 2: Older Worker Laid Off

Situation: Age 55, laid off while younger workers kept.

Analysis: Protected under both CADA and ADEA. Document qualifications. File complaint.

Scenario 3: Small Employer Age Bias

Situation: Work for company with 10 employees, age discrimination.

Analysis: ADEA doesn't apply. CADA covers you. File with CCRD.

Scenario 4: Age 35 Passed Over

Situation: Younger candidates consistently chosen for advancement.

Analysis: Federal ADEA doesn't cover 35-year-olds. Colorado CADA does. File with CCRD.

Scenario 5: Forced Retirement

Situation: Employer says must retire at 65.

Analysis: Mandatory retirement generally illegal. Narrow exceptions. Likely violation.

Employer Defenses

Legitimate Reasons

May argue:

• Performance issues
• Business necessity
• Non-age factors
• Qualifications lacking

Your Response

Counter with:

• Strong performance record
• Equal or better qualifications
• Inconsistent treatment
• Age-related comments

Older Workers (40+)

OWBPA Protections

For severance agreements:

• 21 days to consider
• 7 days to revoke
• Must advise to consult attorney
• Additional disclosure requirements

Group Layoffs

Employer must provide:

• Ages of those selected
• Ages of those retained
• Job titles
• Selection criteria

Remedies Available

CCRD Relief

May order:

• Reinstatement
• Back pay
• Lost benefits
• Policy changes

ADEA Damages

Court can award:

• Back pay
• Front pay
• Liquidated damages (if willful)
• Attorney's fees

Note: ADEA doesn't allow compensatory or punitive damages

Frequently Asked Questions

At what age am I protected from age discrimination in Colorado?

18 and older under Colorado CADA. 40 and older under federal ADEA.

Can an employer set age limits for jobs?

Generally no. Very limited exceptions for specific safety roles.

What if I'm 35 and face age discrimination?

Colorado CADA protects you. Federal ADEA doesn't apply until 40.

How long do I have to file?

6 months with CCRD. 300 days with EEOC for federal claims.

Can I be forced to retire?

Generally no. Mandatory retirement is illegal except narrow exceptions.

Related Topics

• Colorado Workplace Discrimination
• Filing CCRD Complaint
• Colorado Wrongful Termination
• Colorado Severance Agreements

Take Action

If facing age discrimination:

1. Document age-related comments
2. Preserve performance records
3. Note who received different treatment
4. Watch 6-month CCRD deadline
5. Consult employment attorney

Legal Disclaimer

This article provides general information about age discrimination in Colorado and is not legal advice. For specific advice, consult a licensed Colorado employment attorney.

For official information:

• CCRD: https://ccrd.colorado.gov | 303-894-2997
• EEOC: https://www.eeoc.gov | 1-800-669-4000