House Bill 25-1239 Preamended

A Bill for an Act

• Page 1, Line 101Concerning modification of remedy provisions in the

• Page 1, Line 102Colorado anti-discrimination act, and, in connection

• Page 1, Line 103therewith, reorganizing and expanding the provisions

• Page 1, Line 104for damages in a civil action for certain

• Page 1, Line 105discriminatory or unfair practices and making an

• Page 1, Line 106appropriation.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1. Legislative declaration. (1)  The general assembly finds and declares that:

• Page 2, Line 3(a)  Coloradans with disabilities continue to face discrimination in

• Page 2, Line 4places of public accommodation, including by publication of discriminatory advertising related to those places;

• Page 2, Line 6(b)  The inability of individuals with disabilities to recover

• Page 2, Line 7compensatory damages in a civil action for certain discriminatory and

• Page 2, Line 8unfair practices diminishes the reality of the harm done by such

• Page 2, Line 9discriminatory acts and robs the individuals with disabilities of the opportunity to be made truly whole;

• Page 2, Line 10(c)  Particularly in light of a recent United States Supreme Court

• Page 2, Line 11decision concluding that emotional distress damages could not be implied

• Page 2, Line 12under the federal spending clause anti-discrimination statutes, it is

• Page 2, Line 13necessary to protect the rights of Coloradans with disabilities by expressly

• Page 3, Line 1and unambiguously making compensatory damages, including for

• Page 3, Line 2pecuniary and nonpecuniary losses, available as a remedy in a civil action for certain discriminatory and unfair practices; and

• Page 3, Line 3(d)  In an effort to protect all Coloradans from acts of

• Page 3, Line 4discrimination and ensure equal access to justice to those who are

• Page 3, Line 5discriminated against, the general assembly finds that it is necessary to merge the remedy sections of the Colorado anti-discrimination act.

• Page 3, Line 7SECTION 2.  In Colorado Revised Statutes, 24-34-601, amend (2.5); and repeal (2)(b) as follows:

• Page 3, Line 824-34-601.  Discrimination in places of public accommodation

• Page 3, Line 9- definition. (2) (b)  A claim brought pursuant to paragraph (a) of this

• Page 3, Line 10subsection (2) that is based on disability is covered by the provisions of section 24-34-802.

• Page 3, Line 11(2.5)  It is a discriminatory practice and unlawful for any person

• Page 3, Line 12to discriminate against any individual or group because such person or

• Page 3, Line 13group has opposed any practice made a discriminatory practice by this

• Page 3, Line 14part 6, because such person or group has requested reasonable

• Page 3, Line 15accommodations on the basis of a person's disability, or because

• Page 3, Line 16such person or group has made a charge, testified, assisted, or participated

• Page 3, Line 17in any manner in an investigation, proceeding, or hearing conducted pursuant to this part 6.

• Page 3, Line 18SECTION 3.  In Colorado Revised Statutes, 24-34-602, amend (1); and add (4) as follows:

• Page 3, Line 1924-34-602.  Penalty and civil liability. (1) (a)  Any person who

• Page 3, Line 20violates section 24-34-601 shall be fined three thousand five hundred

• Page 3, Line 21dollars for each violation. A person aggrieved by the violation of section

• Page 4, Line 124-34-601, 24-34-802 (1)(b),or24-34-803 may bring an action in

• Page 4, Line 2any court of competent jurisdiction. in the county where the violation

• Page 4, Line 3occurred. Upon finding a violation the court shall order the defendant to

• Page 4, Line 4pay the fine to the aggrieved party and to comply with the provisions of

• Page 4, Line 5section 24-34-601 of section 24-34-601, 24-34-802 (1)(b), or

• Page 4, Line 624-34-803, the plaintiff is entitled to a court order requiring

• Page 4, Line 7compliance with the provisions of the applicable section, attorney fees and costs, and either:

• Page 4, Line 8(I)  Recovery of actual monetary damages and, except as

• Page 4, Line 9otherwise provided in subsection (1)(c) of this section, damages

• Page 4, Line 10for noneconomic loss or injury, as defined in section 13-21-102.5 (2)(b); or

• Page 4, Line 11(II)  A statutory fine of five thousand dollars, payable to each plaintiff for each violation.

• Page 4, Line 12(b)  Notwithstanding the provisions of paragraph (a) of this

• Page 4, Line 13subsection (1), a person who violates the provisions of section 24-34-601

• Page 4, Line 14based on a disability shall be subject to the provisions of section 24-34-802.

• Page 4, Line 15(c) (I)  Recovery of damages for noneconomic loss or

• Page 4, Line 16injury in accordance with subsection(1)(a)(I)of this section is limited to an amount not to exceed fifty thousand dollars.

• Page 4, Line 17(II) (A)  A defendant is entitled to a fifty-percent

• Page 4, Line 18reduction of the statutory cap set forth in subsection (1)(c)(I)

• Page 4, Line 19of this section on noneconomic loss or injury damages awarded

• Page 4, Line 20in accordance with subsection(1)(a)(I)of this section if the

• Page 4, Line 21defendant corrects the violation within thirty days after the

• Page 4, Line 22complaint is filed; except that a defendant that knowingly,

• Page 5, Line 1intentionally, or recklessly made or caused to be made the

• Page 5, Line 2violation is not entitled to a reduction pursuant to this subsection (1)(c)(II).

• Page 5, Line 4(B)  Notwithstanding the period set forth in subsection

• Page 5, Line 5(1)(c)(II)(A) of this section, a defendant that is not able to fully

• Page 5, Line 6correct the violation within the thirty-day period set forth in

• Page 5, Line 7subsection (1)(c)(II)(A) of this section may be allowed additional

• Page 5, Line 8time in thirty-day increments not to exceed a total of one

• Page 5, Line 9hundred twenty days, including the initial thirty-day period set

• Page 5, Line 10forth in subsection (1)(c)(II)(A) of this section, if the defendant

• Page 5, Line 11shows good faith effort to correct the violation. If the

• Page 5, Line 12defendant has not fully corrected the violation within one

• Page 5, Line 13hundred twenty days, the defendant is not entitled to the reduction set forth in subsection (1)(c)(II)(A) of this section.

• Page 5, Line 14(III)  Nothing in this subsection (1)(c) reduces actual

• Page 5, Line 15monetary damages awarded in accordance with subsection(1)(a)(I) of this section.

• Page 5, Line 16(4)  For any suit brought pursuant to this section that

• Page 5, Line 17relates to discrimination on the basis of disability, the court

• Page 5, Line 18shall apply the same standards and defenses that are available

• Page 5, Line 19under the federal "Americans with Disabilities Act of 1990", 42

• Page 5, Line 20U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

• Page 5, Line 22SECTION 4.  In Colorado Revised Statutes, amend 24-34-707 as

• Page 5, Line 23follows:

• Page 6, Line 124-34-707.  Relief authorized - definition. (1)  In addition to the

• Page 6, Line 2relief authorized by section 24-34-306 (9), the commission may order a

• Page 6, Line 3respondent who has been found to have violated any of the provisions of

• Page 6, Line 4this part 7 to rehire, reinstate, and provide back pay to any employee or

• Page 6, Line 5agent discriminated against because of his their obedience to this part 7;

• Page 6, Line 6to make reports as to the manner of compliance with the order of the

• Page 6, Line 7commission; and to take affirmative action, including the posting of notices setting forth the substantive rights of the public under this part 7.

• Page 6, Line 8(2) (a)  A person aggrieved by the violation of section

• Page 6, Line 924-34-701 may bring an action in any court of competent

• Page 6, Line 10jurisdiction. Upon finding a violation of section 24-34-701, the

• Page 6, Line 11plaintiff is entitled to a court order requiring compliance with section 24-34-701, attorney fees and costs, and either:

• Page 6, Line 12(I)  Recovery of actual monetary damages and, except as

• Page 6, Line 13otherwise provided in subsection (2)(b) of this section, damages

• Page 6, Line 14for noneconomic loss or injury, as defined in section 13-21-102.5(2)(b); or

• Page 6, Line 15(II)  A statutory fine of five thousand dollars, payable to each plaintiff for each violation.

• Page 6, Line 16(b) (I)  Recovery of damages for noneconomic loss or

• Page 6, Line 17injury in accordance with subsection (2)(a)(I) of this section is limited to an amount not to exceed fifty thousand dollars.

• Page 6, Line 18(II) (A)  A defendant that is a small business is entitled to

• Page 6, Line 19a fifty-percent reduction of the statutory cap set forth in

• Page 6, Line 20subsection (2)(b)(I) of this section on noneconomic loss or injury

• Page 6, Line 21damages awarded in accordance with subsection (2)(a)(I) of this

• Page 6, Line 22section if the defendant corrects the violation within thirty

• Page 7, Line 1days after the complaint is filed; except that a defendant that

• Page 7, Line 2is a small business and knowingly, intentionally, or recklessly

• Page 7, Line 3made or caused to be made the violation is not entitled to a reduction pursuant to this subsection (2)(b)(II)(A).

• Page 7, Line 4(B)  As used in this subsection (2)(b)(II), "small business"

• Page 7, Line 5means an employer with twenty-five or fewer employees that

• Page 7, Line 6generates no more than three million five hundred dollars in annual gross income.

• Page 7, Line 7(III)  Nothing in this subsection (2)(b) reduces actual

• Page 7, Line 8monetary damages awarded in accordance with subsection(2)(a)(I) of this section.

• Page 7, Line 9(c)  For any suit brought pursuant to this section that

• Page 7, Line 10relates to discrimination on the basis of disability, the court

• Page 7, Line 11shall apply the same standards and defenses that are available

• Page 7, Line 12under the federal "Americans with Disabilities Act of 1990", 42

• Page 7, Line 13U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

• Page 7, Line 14(d)  The relief provided by this subsection (2) is an

• Page 7, Line 15alternative to that authorized by section 24-34-306 (9) and an

• Page 7, Line 16alternative to the relief set forth in subsection (1) of this

• Page 7, Line 17section, and a person who seeks redress under this subsection (2) is not permitted to seek relief from the commission.

• Page 7, Line 18SECTION 5.  In Colorado Revised Statutes, 24-34-802, amend (2)(a) introductory portion; and repeal (2)(c), (2)(d), and (4) as follows:

• Page 7, Line 1924-34-802.  Violations - penalties - immunity - repeal.

• Page 7, Line 20(2) (a)  An individual with a disability, as defined in section 24-34-301,

• Page 7, Line 21who is subject to a violation of subsection (1) subsection (1)(c) of this

• Page 8, Line 1section or of section 24-34-502 or 24-34-502.2 24-34-601, or 24-34-803

• Page 8, Line 2based on the individual's disability may bring a civil suit in a court of

• Page 8, Line 3competent jurisdiction and is entitled to a court order requiring

• Page 8, Line 4compliance with the provisions of the applicable section and either of the following remedies:

• Page 8, Line 5(c)  For a claim brought pursuant to subsection (2)(a) of this

• Page 8, Line 6section for a construction-related accessibility violation, the violation

• Page 8, Line 7must be considered a single incident and not as separate violations for each day the construction-related accessibility violation exists.

• Page 8, Line 8(d) (I)  A small business defendant is entitled to a fifty percent

• Page 8, Line 9reduction in a statutory fine assessed pursuant to subsection (2)(a)(III) of

• Page 8, Line 10this section if it corrects the accessibility violation within thirty days after

• Page 8, Line 11the filing of the complaint. The fifty percent reduction in a statutory fine

• Page 8, Line 12does not apply, however, if the defendant knowingly or intentionally

• Page 8, Line 13made or caused to have made the access barrier that caused the accessibility violation.

• Page 8, Line 14(II)  For purposes of this subsection (2)(d), "small business" means

• Page 8, Line 15an employer with twenty-five or fewer employees and no more than three million five hundred thousand dollars in annual gross income.

• Page 8, Line 16(III)  Nothing in this subsection (2)(d) may be interpreted to result

• Page 8, Line 17in a reduction in actual monetary damages awarded pursuant to subsection (2)(a)(II) of this section.

• Page 8, Line 18(4)  A court that hears civil suits pursuant to this section shall

• Page 8, Line 19apply the same standards and defenses that are available under the federal

• Page 8, Line 20"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

• Page 8, Line 21SECTION 6.  In Colorado Revised Statutes, 24-34-804, amend (3)(a)(I) as follows:

• Page 9, Line 124-34-804.  Service animals - violations - penalties.

• Page 9, Line 2(3) (a) (I)  Except as provided for in subparagraphs (II) and (III) of this

• Page 9, Line 3paragraph (a), subsections (3)(a)(II) and (3)(a)(III) of this section, a

• Page 9, Line 4person who violates any provision of subsection (1) of this section is

• Page 9, Line 5liable to the qualified individual with a disability who is accompanied by

• Page 9, Line 6a service animal or a trainer of a service animal whose rights were

• Page 9, Line 7affected for the penalties provided in section 24-34-802 section 24-34-602.

• Page 9, Line 8SECTION 7.  In Colorado Revised Statutes, 24-34-806, amend(3)(a)(II) and (4)(a); and repeal (3)(a)(III) as follows:

• Page 9, Line 924-34-806.  Testing accommodations for Coloradans with

• Page 9, Line 10disabilities - right of action - legislative declaration - definitions.

• Page 9, Line 11(3) (a)  A testing entity must grant an individual's request for a testing accommodation on a licensing exam if the individual:

• Page 9, Line 12(II)  Provides either:

• Page 9, Line 13(A)  Proof of having received the previous testing accommodation

• Page 9, Line 14due to the individual's disability on a past standardized exam or high-stakes test; or

• Page 9, Line 15(B)  A recommendation letter from the individual's

• Page 9, Line 16treating medical professional that recommends the

• Page 9, Line 17accommodations requested by the individual and is signed and

• Page 9, Line 18dated by the treating medical professional making the recommendation; and

• Page 9, Line 19(III)  Provides a recommendation letter from the individual's

• Page 9, Line 20treating medical professional that recommends the accommodations

• Page 9, Line 21requested by the individual. The recommendation letter must be signed

• Page 10, Line 1and dated by the treating medical professional making the recommendation; and

• Page 10, Line 2(4)  An individual adversely affected or aggrieved by a testing

• Page 10, Line 3entity's decision regarding the individual's request for a testing

• Page 10, Line 4accommodation pursuant to this section may bring a civil action against

• Page 10, Line 5the testing entity in a court of competent jurisdiction for a willful violation of this section and is entitled to the following remedies:

• Page 10, Line 6(a)  The relief set forth in section 24-34-802 (2) section 24-34-602; and

• Page 10, Line 7SECTION 8.  In Colorado Revised Statutes, 1-1-116, amend (3) as follows:

• Page 10, Line 81-1-116.  Access to precinct caucus - party assembly. (3)  The

• Page 10, Line 9failure of any political party to make a reasonable effort to comply with

• Page 10, Line 10the requirements of this section constitutes discrimination on the basis of

• Page 10, Line 11disability in violation of section 24-34-802 section 24-34-602. Any

• Page 10, Line 12person who is subjected to a violation of this section is entitled to seek all relief provided in section 24-34-802 section 24-34-602.

• Page 10, Line 13SECTION 9.  Appropriation. For the 2025-26 state fiscal year,

• Page 10, Line 14$100,305 is appropriated to the department of law. This appropriation is

• Page 10, Line 15from the legal services cash fund created in section 24-31-108 (4), C.R.S.,

• Page 10, Line 16from revenue received from the department of personnel that is

• Page 10, Line 17continuously appropriated to the department of personnel from the risk

• Page 10, Line 18management fund created in section 24-30-1510 (1)(a), C.R.S. The

• Page 10, Line 19appropriation to the department of law is based on an assumption that the

• Page 10, Line 20department of law will require an additional 0.4 FTE. To implement this

• Page 10, Line 21act, the department of law may use this appropriation to provide legal

• Page 10, Line 22services for the department of personnel.

• Page 11, Line 1SECTION 10.  Act subject to petition - effective date. This act

• Page 11, Line 2takes effect at 12:01 a.m. on the day following the expiration of the

• Page 11, Line 3ninety-day period after final adjournment of the general assembly; except

• Page 11, Line 4that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 11, Line 5of the state constitution against this act or an item, section, or part of this

• Page 11, Line 6act within such period, then the act, item, section, or part will not take

• Page 11, Line 7effect unless approved by the people at the general election to be held in

• Page 11, Line 8November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.