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Appealing a denied claim under CADA

On Behalf of | May 21, 2020 | Employment Law

If you think that you’ve been discriminated against in the workplace, then you need to file a complaint with Colorado Civil Rights Division (CCRD). This state agency is tasked with enforcing the Colorado Anti-Discrimination Act (CADA), which prohibits discrimination in many aspects of everyday life. Yet, even if you timely file a claim with CCRD and competently present your evidence, you might find your claim denied. As frustrating as that can be, you shouldn’t let that be the end of the matter. That’s because you have the right to appeal an adverse ruling.

Appealing a discrimination claim

Unlike other appeals, an appeal of a discrimination claim that is filed with the CCRD isn’t just about reviewing the evidence that has already been presented. In fact, the CCRD will only review a case if there is new evidence that is substantial and unavailable at the time of the original ruling or if the prior ruling was clearly erroneous based on the information presented. So, if you’re pursuing the former option, then when filing your appeal you’ll want to attach documentation that demonstrates that the evidence is new and is substantial in nature. Witness testimony needs to be spelled out and speak directly to your claim.

Once your appeal is received, seven members of the Commission will review all of the documentation submitted in addition to the records already considered and take one of three actions. First, the Commission can uphold the initial ruling. Second, the initial decision can be reversed to your favor. Third, the Commission can remand the case for additional investigation and a new ruling based on the new circumstances that have arisen.

Handle your appeal with confidence

The appellate process gives you another chance to have your side of the story heard, thereby giving you the opportunity to obtain the outcome that you deserve. But you have to be aggressive and know how to competently present your case and its evidence in a compelling fashion. If you think that you could benefit from assistance in those matters, then it might be time for you to discuss your situation with an attorney of your choosing.