Right to sue.
Denver Revised Municipal Code § 28-110.5
in effectSec. 28-110.5. - Right to sue.
(a) No person may file a civil action in county court or state district court based on an alleged discriminatory or unfair practice prohibited by this ordinance without first exhausting the proceedings and remedies available to that person under this ordinance unless the person shows, in an action filed in the appropriate county or district court, by clear and convincing evidence, that the person's ill health which is of such a nature that pursuing administrative remedies would not provide timely and reasonable relief and would cause irreparable harm.
(b) The charging party in any action may request a written notice of right to sue at any time prior to service of a notice of determination of whether or not probable cause exists to credit the allegations of discrimination. Any request for notice of right to sue shall be in writing. A claimant's request for notice of right to sue made after the expiration of one hundred eighty (180) days following the filing of the charge shall be granted promptly. If a claimant makes a request for a notice of right to sue prior to the expiration of one hundred eighty (180) days following the filing of the charge, said request shall be granted upon a determination by the agency that the investigation of the charge will not be completed within one hundred eighty (180) days following the filing of the charge. A notice of right to sue shall constitute final agency action and exhaustion of administrative remedies and proceedings pursuant to this section.
(c) If the agency has not made a determination of whether or not probable cause exists to credit the allegations of discrimination within two hundred seventy (270) days, if written notice that a formal hearing will be held is not served within two hundred seventy (270) days after the filing of a charge, or if the complainant has requested and received a notice of right to sue pursuant to subsection (b) of this section, the jurisdiction of the agency over the complaint shall cease, and the complainant may seek the relief by filing a civil action in county court or state district court for all appropriate remedies. Such action must be filed within ninety (90) days of the date upon which the jurisdiction of the agency ceased, and if not so filed, it shall be barred and the court shall have no jurisdiction to hear such action. If any party requests an extension of any time period prescribed by this section such extension may be granted for good cause by the agency, but the total period of all such extensions to either the respondent or the complainant shall not exceed ninety days each, and, in the case of multiple parties, the total period of all extensions shall not exceed one hundred eighty (180) days.
(Ord. No. 904-02, § 2, 11-4-02)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH28HURI_ARTIVPRDIEMHOCOSPPUACEDINHEWESE_S28-110.5RISUFetched: 10/27/2026