Colorado § 24-34-707 - Relief authorized - definition.

§ 24-34-707. Relief authorized - definition.

(1) In addition to the relief authorized by section 24-34-306 (9), the commission may order a respondent who has been found to have violated any of the provisions of this part 7 to rehire, reinstate, and provide back pay to any employee or agent discriminated against because of their obedience to this part 7; to make reports as to the manner of compliance with the order of the commission; and to take affirmative action, including the posting of notices setting forth the substantive rights of the public under this part 7.

(2) (a) A person aggrieved by the violation of section 24-34-701 may bring an action in any court of competent jurisdiction. Upon finding a violation of section 24-34-701, the plaintiff is entitled to a court order requiring compliance with section 24-34-701, attorney fees and costs, and either:

(I) Recovery of actual monetary damages and, except as otherwise provided in subsection (2)(b) of this section, damages for noneconomic loss or injury, as defined in section 13-21-102.5 (2)(b); or

(II) A statutory fine of five thousand dollars, payable to each plaintiff for each violation.

(b) (I) Recovery of damages for noneconomic loss or injury in accordance with subsection (2)(a)(I) of this section is limited to an amount not to exceed fifty thousand dollars.

(II) (A) A defendant that is a small business is entitled to a fifty-percent reduction of the statutory cap set forth in subsection (2)(b)(I) of this section on noneconomic loss or injury damages awarded in accordance with subsection (2)(a)(I) of this section if the defendant corrects the violation within thirty days after the complaint is filed; except that a defendant that is a small business and knowingly, intentionally, or recklessly made or caused to be made the violation is not entitled to a reduction pursuant to this subsection (2)(b)(II)(A).

(B) As used in this subsection (2)(b)(II), "small business" means an employer with twenty-five or fewer employees that generates no more than three million five hundred dollars in annual gross income.

(III) Nothing in this subsection (2)(b) reduces actual monetary damages awarded in accordance with subsection (2)(a)(I) of this section.

(c) For any suit brought pursuant to this section that relates to discrimination on the basis of disability, the court shall apply the same standards and defenses that are available under the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(d) The relief provided by this subsection (2) is an alternative to that authorized by section 24-34-306 (9) and an alternative to the relief set forth in subsection (1) of this section, and a person who seeks redress under this subsection (2) is not permitted to seek relief from the commission.

Source: L. 79: Entire part R&RE, p. 939, § 3, effective July 1. L. 2025: Entire section amended, (HB 25-1239), ch. 232, p. 1100, § 4, effective August 6.

Cross references: For the legislative declaration in HB 25-1239, see section 1 of chapter 232, Session Laws of Colorado 2025.

PART 8

PERSONS WITH DISABILITIES - CIVIL RIGHTS

Editor's note: This part 8 was numbered as article 4 of chapter 25, C.R.S. 1963. Parts 3 to 8 of this article were repealed and reenacted in 1979, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 8 prior to 1979, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

Cross references: For definitions applicable to this part 8, see § 24-34-301.