Do you have an agreement that requires that all disputes are arbitrated? If so, then you follow the terms of that agreement. If you have no agreement, the employer would have to agree to arbitrate this matter and that agreement should be reviewed by an atorney.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
You need a better attorney. You should review your EEOC/CCRD files with Denver-area employment/labor counsel of your choosing ASAP - there are plenty of us available to you here on Avvo and through other platforms. Good luck!
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