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, extending the deadline for filing a charge

• Page 1, Line 104for discrimination in places of public accommodation

• Page 1, Line 105or discriminatory advertising and reorganizing and

• Page 1, Line 106expanding the provisions for damages in a civil action

• Page 1, Line 107for certain discriminatory or unfair practices.

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 5(b)  The current 60-day time limit to file an administrative

• Page 2, Line 6complaint for discrimination in a place of public accommodation, or

• Page 2, Line 7related discriminatory advertising, pushes individuals with disabilities to file civil lawsuits instead of administrative complaints;

• Page 2, Line 8(c)  To avoid this push toward litigation, and to ensure that both

• Page 2, Line 9options to remedy this ongoing discrimination are available to Coloradans

• Page 2, Line 10with disabilities, the time limit to file an administrative complaint for

• Page 2, Line 11discrimination in a place of public accommodation, or related

• Page 3, Line 1discriminatory advertising, should be extended to one year, matching the

• Page 3, Line 2time limit to file other actions for relief pursuant to the Colorado anti-discrimination act;

• Page 3, Line 3(d)  Additionally, the inability of individuals with disabilities to

• Page 3, Line 4recover compensatory damages in a civil action for certain discriminatory

• Page 3, Line 5and unfair practices diminishes the reality of the harm done by such

• Page 3, Line 6discriminatory acts and robs the individuals with disabilities of the opportunity to be made truly whole;

• Page 3, Line 7(e)  Particularly in light of a recent United States Supreme Court

• Page 3, Line 8decision concluding that emotional distress damages could not be implied

• Page 3, Line 9under the federal spending clause anti-discrimination statutes, it is

• Page 3, Line 10necessary to protect the rights of Coloradans with disabilities by expressly

• Page 3, Line 11and unambiguously making compensatory damages, including for

• Page 3, Line 12pecuniary and nonpecuniary losses, available as a remedy in a civil action for certain discriminatory and unfair practices; and

• Page 3, Line 13(f)  In an effort to protect all Coloradans from acts of

• Page 3, Line 14discrimination and ensure equal access to justice to those who are

• Page 3, Line 15discriminated against, the general assembly finds that it is necessary to merge the remedy sections of the Colorado anti-discrimination act.

• Page 3, Line 16SECTION 2.  In Colorado Revised Statutes, 24-34-508, amend (2); and add (3) as follows:

• Page 3, Line 1724-34-508.  Relief authorized. (2)  In addition to the relief

• Page 3, Line 18authorized by the provisions of subsection (1) of this section, an

• Page 3, Line 19individual with a disability who has suffered an unfair housing practice

• Page 3, Line 20based on his or her disability is entitled to the relief set forth in section 24-34-802 section 24-34-602.

• Page 3, Line 21(3)  An individual with a disability who is subject to a

• Page 4, Line 1violation of section 24-34-502 or 24-34-502.2 based on the

• Page 4, Line 2individual's disability is entitled to the relief set forth in section 24-34-602.

• Page 4, Line 3SECTION 3.  In Colorado Revised Statutes, 24-34-601, amend (2.5); and repeal (2)(b) as follows:

• Page 4, Line 424-34-601.  Discrimination in places of public accommodation

• Page 4, Line 5- definition. (2) (b)  A claim brought pursuant to paragraph (a) of this

• Page 4, Line 6subsection (2) that is based on disability is covered by the provisions of section 24-34-802.

• Page 4, Line 7(2.5)  It is a discriminatory practice and unlawful for any person

• Page 4, Line 8to discriminate against any individual or group because such person or

• Page 4, Line 9group has opposed any practice made a discriminatory practice by this

• Page 4, Line 10part 6, by part 7 of this article 34, because such person or group

• Page 4, Line 11has requested reasonable accommodations on the basis of a

• Page 4, Line 12person's disability, or because such person or group has made a charge,

• Page 4, Line 13testified, assisted, or participated in any manner in an investigation,

• Page 4, Line 14proceeding, or hearing conducted pursuant to this part 6 or part 7 of this article 34.

• Page 4, Line 15SECTION 4.  In Colorado Revised Statutes, 24-34-602, amend (1); and add (4) as follows:

• Page 4, Line 1624-34-602.  Penalty and civil liability - definition. (1) (a)  Any

• Page 4, Line 17person who violates section 24-34-601 shall be fined three thousand five

• Page 4, Line 18hundred dollars for each violation. A person aggrieved by the violation

• Page 4, Line 19of section 24-34-601, 24-34-802 (1)(a), 24-34-802 (1)(b),or24-34-803

• Page 4, Line 20may bring an action in any court of competent jurisdiction. in the county

• Page 4, Line 21where the violation occurred. Upon finding a violation the court shall

• Page 4, Line 22order the defendant to pay the fine to the aggrieved party and to comply

• Page 5, Line 1with the provisions of section 24-34-601 of section 24-34-601,

• Page 5, Line 224-34-802 (1)(a), 24-34-802 (1)(b), or 24-34-803, the plaintiff is

• Page 5, Line 3entitled to a court order requiring compliance with the

• Page 5, Line 4provisions of the applicable section, attorney's fees and costs, and either:

• Page 5, Line 5(I)  Recovery of actual monetary damages and, except as

• Page 5, Line 6otherwise provided in subsection (1)(c) of this section, damages

• Page 5, Line 7for noneconomic loss or injury, as defined in section 13-21-102.5 (2)(b); or

• Page 5, Line 8(II)  A statutory fine of five thousand dollars per violation per plaintiff.

• Page 5, Line 9(b)  Notwithstanding the provisions of paragraph (a) of this

• Page 5, Line 10subsection (1), a person who violates the provisions of section 24-34-601

• Page 5, Line 11based on a disability shall be subject to the provisions of section 24-34-802.

• Page 5, Line 12(c) (I)  Recovery of damages for noneconomic loss or

• Page 5, Line 13injury in accordance with subsection(1)(a)(I)of this section is limited to an amount not to exceed fifty thousand dollars.

• Page 5, Line 14(II) (A)  A defendant is entitled to a fifty percent

• Page 5, Line 15reduction of the amount of noneconomic loss or injury damages

• Page 5, Line 16awarded in accordance with subsection(1)(a)(I)of this section

• Page 5, Line 17if the defendant corrects the violation within thirty days after

• Page 5, Line 18the complaint is filed; except that a defendant that knowingly,

• Page 5, Line 19intentionally, or recklessly made or caused to be made the

• Page 5, Line 20violation is not entitled to a reduction pursuant to this subsection (1)(c)(II).

• Page 6, Line 1(B)  Notwithstanding the period set forth in subsection

• Page 6, Line 2(1)(c)(II)(A) of this section, a defendant that is not able to fully

• Page 6, Line 3correct the violation within the thirty-day period set forth in

• Page 6, Line 4subsection (1)(c)(II)(A) of this section may be allowed additional

• Page 6, Line 5time in thirty-day increments not to exceed a total of one

• Page 6, Line 6hundred twenty days, including the initial thirty-day period set

• Page 6, Line 7forth in subsection (1)(c)(II)(A) of this section, if the defendant

• Page 6, Line 8shows good faith effort to correct the violation. If the

• Page 6, Line 9defendant has not fully corrected the violation within one

• Page 6, Line 10hundred twenty days, the defendant is not entitled to the reduction set forth in subsection (1)(c)(II)(A) of this section.

• Page 6, Line 11(III)  Nothing in this subsection (1)(c) reduces actual

• Page 6, Line 12monetary damages awarded in accordance with subsection(1)(a)(I) of this section.

• Page 6, Line 13(4)  For any suit brought pursuant to this section that

• Page 6, Line 14relates to discrimination on the basis of disability, the court

• Page 6, Line 15shall apply the same standards and defenses that are available

• Page 6, Line 16under the federal "Americans with Disabilities Act of 1990", 42

• Page 6, Line 17U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

• Page 6, Line 18SECTION 5.  In Colorado Revised Statutes, amend 24-34-604 as follows:

• Page 6, Line 1924-34-604.  Time limits on filing of charges. Any charge filed

• Page 6, Line 20with the commission alleging a violation of this part 6 shall be filed

• Page 6, Line 21pursuant to section 24-34-306 within sixty days one year after the alleged discriminatory act occurred, and if not so filed, it shall be barred.

• Page 6, Line 22SECTION 6.  In Colorado Revised Statutes, amend 24-34-706 as follows:

• Page 7, Line 124-34-706.  Time limits on filing of charges. Any charge filed

• Page 7, Line 2with the commission alleging a violation of this part 7 shall be filed

• Page 7, Line 3pursuant to section 24-34-306 within sixty days one year after the alleged discriminatory act occurred, and, if not so filed, it shall be barred.

• Page 7, Line 4SECTION 7.  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 524-34-802.  Violations - penalties - immunity - repeal.

• Page 7, Line 6(2) (a)  An individual with a disability, as defined in section 24-34-301,

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

• Page 7, Line 8section or of section 24-34-502, 24-34-502.2, 24-34-601, or 24-34-803

• Page 7, Line 9based on the individual's disability may bring a civil suit in a court of

• Page 7, Line 10competent jurisdiction and is entitled to a court order requiring

• Page 7, Line 11compliance with the provisions of the applicable section and either of the following remedies:

• Page 7, Line 12(c)  For a claim brought pursuant to subsection (2)(a) of this

• Page 7, Line 13section for a construction-related accessibility violation, the violation

• Page 7, Line 14must be considered a single incident and not as separate violations for each day the construction-related accessibility violation exists.

• Page 7, Line 15(d) (I)  A small business defendant is entitled to a fifty percent

• Page 7, Line 16reduction in a statutory fine assessed pursuant to subsection (2)(a)(III) of

• Page 7, Line 17this section if it corrects the accessibility violation within thirty days after

• Page 7, Line 18the filing of the complaint. The fifty percent reduction in a statutory fine

• Page 7, Line 19does not apply, however, if the defendant knowingly or intentionally

• Page 7, Line 20made or caused to have made the access barrier that caused the accessibility violation.

• Page 7, Line 21(II)  For purposes of this subsection (2)(d), "small business" means

• Page 8, Line 1an employer with twenty-five or fewer employees and no more than three million five hundred thousand dollars in annual gross income.

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

• Page 8, Line 3in a reduction in actual monetary damages awarded pursuant to subsection (2)(a)(II) of this section.

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

• Page 8, Line 5apply the same standards and defenses that are available under the federal

• Page 8, Line 6"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

• Page 8, Line 7SECTION 8.  In Colorado Revised Statutes, 24-34-804, amend (3)(a)(I) as follows:

• Page 8, Line 824-34-804.  Service animals - violations - penalties.

• Page 8, Line 9(3) (a) (I)  Except as provided for in subparagraphs (II) and (III) of this

• Page 8, Line 10paragraph (a), subsections (3)(a)(II) and (3)(a)(III) of this section, a

• Page 8, Line 11person who violates any provision of subsection (1) of this section is

• Page 8, Line 12liable to the qualified individual with a disability who is accompanied by

• Page 8, Line 13a service animal or a trainer of a service animal whose rights were

• Page 8, Line 14affected for the penalties provided in section 24-34-802 section 24-34-602.

• Page 8, Line 15SECTION 9.  In Colorado Revised Statutes, 24-34-806, amend (4)(a) as follows:

• Page 8, Line 1624-34-806.  Testing accommodations for Coloradans with

• Page 8, Line 17disabilities - right of action - legislative declaration - definitions.

• Page 8, Line 18(4)  An individual adversely affected or aggrieved by a testing entity's

• Page 8, Line 19decision regarding the individual's request for a testing accommodation

• Page 8, Line 20pursuant to this section may bring a civil action against the testing entity

• Page 8, Line 21in a court of competent jurisdiction for a willful violation of this section and is entitled to the following remedies:

• Page 9, Line 1(a)  The relief set forth in section 24-34-802 (2) section 24-34-602; and

• Page 9, Line 2SECTION 10.  In Colorado Revised Statutes, 1-1-116, amend (3) as follows:

• Page 9, Line 31-1-116.  Access to precinct caucus - party assembly. (3)  The

• Page 9, Line 4failure of any political party to make a reasonable effort to comply with

• Page 9, Line 5the requirements of this section constitutes discrimination on the basis of

• Page 9, Line 6disability in violation of section 24-34-802 section 24-34-602. Any

• Page 9, Line 7person 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 9, Line 8SECTION 11.  Act subject to petition - effective date. This act

• Page 9, Line 9takes effect at 12:01 a.m. on the day following the expiration of the

• Page 9, Line 10ninety-day period after final adjournment of the general assembly; except

• Page 9, Line 11that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 9, Line 12of the state constitution against this act or an item, section, or part of this

• Page 9, Line 13act within such period, then the act, item, section, or part will not take

• Page 9, Line 14effect unless approved by the people at the general election to be held in

• Page 9, Line 15November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.