This bill introduces important updates to the Colorado Anti-Discrimination Act (CADA) and strengthens protections for individuals with disabilities and those experiencing discrimination in public accommodations or related to civil rights violations. Here's a breakdown of the key points:
1. Consolidation of Damages Provisions:
The bill consolidates the remedies for individuals who experience:
Unfair housing practices.
Discrimination in places of public accommodation (e.g., businesses or services open to the public).
Civil rights violations.
These protections are now integrated with the general protections under CADA for all protected classes.
2. Allowable Remedies under CADA:
The remedies available under CADA for violations include:
Court orders requiring compliance with the applicable section of CADA.
Monetary damages (actual damages for losses suffered).
Attorney fees and costs associated with pursuing the case.
Noneconomic damages for losses such as emotional distress (with a cap of $50,000).
A statutory fine of $5,000 per aggrieved party and per violation.
3. Reduction of Noneconomic Damages for Small Businesses:
If the defendant is a small business:
It can receive a 50% reduction in the award for noneconomic damages (such as emotional distress).
This reduction applies only if the business corrects the violation within 30 days of the complaint being filed and if the violation was not made knowingly or intentionally.
4. Extended Deadline for Filing Discrimination Complaints:
The bill extends the deadline for filing a charge with the Colorado Civil Rights Commission (CCRC) for claims involving discrimination in places of public accommodation or discriminatory advertising:
From 60 days to 1 year after the alleged act of discrimination.
The bill aims to strengthen legal protections for individuals facing discrimination, particularly for those with disabilities or experiencing issues in public accommodations. By consolidating remedies under CADA, extending the deadline for filing complaints, and offering financial incentives for small businesses to correct violations quickly, the bill enhances accountability and provides clearer, more accessible remedies for victims of discrimination.
Summary
The bill consolidates damages provisions for individuals with
disabilities who experience an unfair housing practice, discrimination in places of public accommodation, or a violation of their civil rights with the general protections under the Colorado anti-discrimination act (CADA) for all protected classes. With the consolidation of these provisions, the allowable remedies under CADA include a court order requiring compliance with the applicable section of CADA, actual monetary damages, attorney fees and costs, damages for noneconomic loss or injury, and a statutory fine of $5,000 per aggrieved party and per violation. An award of damages for noneconomic loss or injury is capped at $50,000, and if a defendant is a small business, it is entitled to a 50% reduction of a noneconomic loss or injury award if it corrects the violation within 30 days of the complaint being filed and did not knowingly or intentionally make or cause to be made the violation.
The bill also extends the deadline for filing a charge with the
Colorado civil rights commission alleging discrimination in places of public accommodation or discriminatory advertising from 60 days to one year after the alleged discriminatory act occurred.
