The bill makes 3 primary clarifications about the remedies a
person with a disability is entitled to under current Colorado law related to protections against discrimination on the basis of disability for persons with disabilities:
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That a person with a disability is prohibited from being subject to discrimination by, excluded from participating in, or denied the benefits of services, programs, or activities of a place of public accommodation;
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That the types of monetary damages to which a person with a disability is entitled include damages for emotional distress; and
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That a person with a disability is entitled to both a court order requiring compliance and either monetary damages or a statutory penalty.
The bill also allows a court to award reasonable attorney fees and
costs to a prevailing plaintiff for any action commenced pursuant to certain Colorado law related to protections against discrimination on the basis of disability for persons with disabilities.
Lastly, the bill specifies that certain types of relief do not require
exhaustion of potential administrative remedies.
