§ 24-34-707 — Relief authorized - definition

Colorado § 24-34-707

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Department of Regulatory Agencies

Text

(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.

Legislative History

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.