(1)An aggrieved individual may, within ninety
days after exhausting administrative remedies pursuant to section 8-14.4-105,
commence an action in district court against a principal for a violation of this article
14.4.
(2)A court may order affirmative relief that the court determines to be
appropriate, including the following relief, against a respondent who is found to
have engaged in a discriminatory, adverse, or retaliatory employment practice
prohibited by this article 14.4:
(a)Reinstatement or rehiring of a worker, with or without back pay;
(b)The greater of either:
(I)Ten thousand dollars; or
(II)Any lost pay resulting from the violation, including back pay for a
reinstated or rehired worker and front pay for a worker who is not reinstated or
rehired; and
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(1) An aggrieved individual may, within ninety
days after exhausting administrative remedies pursuant to section 8-14.4-105,
commence an action in district court against a principal for a violation of this article
14.4.
(2) A court may order affirmative relief that the court determines to be
appropriate, including the following relief, against a respondent who is found to
have engaged in a discriminatory, adverse, or retaliatory employment practice
prohibited by this article 14.4:
(a) Reinstatement or rehiring of a worker, with or without back pay;
(b) The greater of either:
(I) Ten thousand dollars; or
(II) Any lost pay resulting from the violation, including back pay for a
reinstated or rehired worker and front pay for a worker who is not reinstated or
rehired; and
(c) Any other equitable relief the court deems appropriate.
(3) (a) In addition to the relief available pursuant to subsection (2) of this
section, in a civil action brought by a plaintiff under this article 14.4 against a
defendant who is found to have engaged in an intentional discriminatory, adverse,
or retaliatory employment practice, the plaintiff may recover compensatory and
punitive damages as specified in this subsection (3).
(b) A plaintiff may recover punitive damages against a defendant if the
plaintiff demonstrates by clear and convincing evidence that the defendant
engaged in a discriminatory, adverse, or retaliatory employment practice with
malice or reckless indifference to the rights of the plaintiff. However, if the
defendant demonstrates good-faith efforts to comply with this article 14.4 and to
prevent discriminatory, adverse, and retaliatory employment practices in the
workplace, the court shall not award punitive damages against the defendant.
(c) A plaintiff may recover compensatory damages against a defendant for
other pecuniary losses, emotional pain and suffering, inconvenience, mental
anguish, loss of enjoyment of life, and other nonpecuniary losses.
(d) In determining the appropriate level of damages to award a plaintiff who
has been the victim of an intentional discriminatory, adverse, or retaliatory
employment practice, the court shall consider the size and assets of the defendant
and the egregiousness of the discriminatory, adverse, or retaliatory employment
practice.
(e) Compensatory or punitive damages awarded pursuant to this subsection
(3) are in addition to, and do not include, front pay, back pay, interest on back pay,
or any other type of relief awarded pursuant to subsection (2) of this section.
(4) If a plaintiff in a civil action filed under this article 14.4 seeks
compensatory or punitive damages pursuant to subsection (3) of this section, any
party to the civil action may demand a trial by jury.
(5) The court shall award reasonable attorney fees to a plaintiff who prevails
in an action brought pursuant to this section.
Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1355, � 1,
effective July 11.