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 6SECTION 2.  In Colorado Revised Statutes, 24-34-508, amend (2); and add (3) as follows:

• Page 3, Line 724-34-508.  Relief authorized. (2)  In addition to the relief

• Page 3, Line 8authorized by the provisions of subsection (1) of this section, an

• Page 3, Line 9individual with a disability who has suffered an unfair housing practice

• Page 3, Line 10based on his or her disability is entitled to the relief set forth in section 24-34-802 section 24-34-602.

• Page 3, Line 11(3)  An individual with a disability who is subject to a

• Page 3, Line 12violation of section 24-34-502 or 24-34-502.2 based on the

• Page 3, Line 13individual's disability is entitled to the relief set forth in section 24-34-602.

• Page 3, Line 14SECTION 3.  In Colorado Revised Statutes, 24-34-601, amend (2.5); and repeal (2)(b) as follows:

• Page 3, Line 1524-34-601.  Discrimination in places of public accommodation

• Page 3, Line 16- definition. (2) (b)  A claim brought pursuant to paragraph (a) of this

• Page 3, Line 17subsection (2) that is based on disability is covered by the provisions of section 24-34-802.

• Page 3, Line 18(2.5)  It is a discriminatory practice and unlawful for any person

• Page 3, Line 19to discriminate against any individual or group because such person or

• Page 3, Line 20group has opposed any practice made a discriminatory practice by this

• Page 4, Line 1part 6, by part 7 of this article 34, because such person or group

• Page 4, Line 2has requested reasonable accommodations on the basis of a

• Page 4, Line 3person's disability, or because such person or group has made a charge,

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

• Page 4, Line 5proceeding, or hearing conducted pursuant to this part 6 or part 7 of this article 34.

• Page 4, Line 6SECTION 4.  In Colorado Revised Statutes, 24-34-602, amend (1); and add (4) as follows:

• Page 4, Line 724-34-602.  Penalty and civil liability - definition. (1) (a)  Any

• Page 4, Line 8person who violates section 24-34-601 shall be fined three thousand five

• Page 4, Line 9hundred dollars for each violation. A person aggrieved by the violation

• Page 4, Line 10of section 24-34-601, 24-34-802 (1)(a), 24-34-802 (1)(b),or24-34-803

• Page 4, Line 11may bring an action in any court of competent jurisdiction. in the county

• Page 4, Line 12where the violation occurred. Upon finding a violation the court shall

• Page 4, Line 13order the defendant to pay the fine to the aggrieved party and to comply

• Page 4, Line 14with the provisions of section 24-34-601 of section 24-34-601,

• Page 4, Line 1524-34-802 (1)(a), 24-34-802 (1)(b), or 24-34-803, the plaintiff is

• Page 4, Line 16entitled to a court order requiring compliance with the

• Page 4, Line 17provisions of the applicable section, attorney's fees and costs, and either:

• Page 4, Line 18(I)  Recovery of actual monetary damages and, except as

• Page 4, Line 19otherwise provided in subsection (1)(c) of this section, damages

• Page 4, Line 20for noneconomic loss or injury, as defined in section 13-21-102.5 (2)(b); or

• Page 4, Line 21(II)  A statutory fine of five thousand dollars per violation per plaintiff.

• Page 4, Line 22(b)  Notwithstanding the provisions of paragraph (a) of this

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

• Page 5, Line 2based on a disability shall be subject to the provisions of section 24-34-802.

• Page 5, Line 3(c) (I)  Recovery of damages for noneconomic loss or

• Page 5, Line 4injury in accordance with subsection(1)(a)(I)of this section is limited to an amount not to exceed fifty thousand dollars.

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

• Page 5, Line 6reduction of the amount of noneconomic loss or injury damages

• Page 5, Line 7awarded in accordance with subsection(1)(a)(I)of this section

• Page 5, Line 8if the defendant corrects the violation within thirty days after

• Page 5, Line 9the complaint is filed; except that a defendant that knowingly,

• Page 5, Line 10intentionally, or recklessly made or caused to be made the

• Page 5, Line 11violation is not entitled to a reduction pursuant to this subsection (1)(c)(II).

• Page 5, Line 13(B)  Notwithstanding the period set forth in subsection

• Page 5, Line 14(1)(c)(II)(A) of this section, a defendant that is not able to fully

• Page 5, Line 15correct the violation within the thirty-day period set forth in

• Page 5, Line 16subsection (1)(c)(II)(A) of this section may be allowed additional

• Page 5, Line 17time in thirty-day increments not to exceed a total of one

• Page 5, Line 18hundred twenty days, including the initial thirty-day period set

• Page 5, Line 19forth in subsection (1)(c)(II)(A) of this section, if the defendant

• Page 5, Line 20shows good faith effort to correct the violation. If the

• Page 5, Line 21defendant has not fully corrected the violation within one

• Page 5, Line 22hundred twenty days, the defendant is not entitled to the reduction set forth in subsection (1)(c)(II)(A) of this section.

• Page 5, Line 23(III)  Nothing in this subsection (1)(c) reduces actual

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

• Page 6, Line 2(4)  For any suit brought pursuant to this section that

• Page 6, Line 3relates to discrimination on the basis of disability, the court

• Page 6, Line 4shall apply the same standards and defenses that are available

• Page 6, Line 5under the federal "Americans with Disabilities Act of 1990", 42

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

• Page 6, Line 8SECTION 5.  In Colorado Revised Statutes, 24-34-802, amend (2)(a) introductory portion; and repeal (2)(c), (2)(d), and (4) as follows:

• Page 6, Line 924-34-802.  Violations - penalties - immunity - repeal.

• Page 6, Line 10(2) (a)  An individual with a disability, as defined in section 24-34-301,

• Page 6, Line 11who is subject to a violation of subsection (1) subsection (1)(c) of this

• Page 6, Line 12section or of section 24-34-502, 24-34-502.2, 24-34-601, or 24-34-803

• Page 6, Line 13based on the individual's disability may bring a civil suit in a court of

• Page 6, Line 14competent jurisdiction and is entitled to a court order requiring

• Page 6, Line 15compliance with the provisions of the applicable section and either of the following remedies:

• Page 6, Line 16(c)  For a claim brought pursuant to subsection (2)(a) of this

• Page 6, Line 17section for a construction-related accessibility violation, the violation

• Page 6, Line 18must be considered a single incident and not as separate violations for each day the construction-related accessibility violation exists.

• Page 6, Line 19(d) (I)  A small business defendant is entitled to a fifty percent

• Page 6, Line 20reduction in a statutory fine assessed pursuant to subsection (2)(a)(III) of

• Page 6, Line 21this section if it corrects the accessibility violation within thirty days after

• Page 6, Line 22the filing of the complaint. The fifty percent reduction in a statutory fine

• Page 7, Line 1does not apply, however, if the defendant knowingly or intentionally

• Page 7, Line 2made or caused to have made the access barrier that caused the accessibility violation.

• Page 7, Line 3(II)  For purposes of this subsection (2)(d), "small business" means

• Page 7, Line 4an employer with twenty-five or fewer employees and no more than three million five hundred thousand dollars in annual gross income.

• Page 7, Line 5(III)  Nothing in this subsection (2)(d) may be interpreted to result

• Page 7, Line 6in a reduction in actual monetary damages awarded pursuant to subsection (2)(a)(II) of this section.

• Page 7, Line 7(4)  A court that hears civil suits pursuant to this section shall

• Page 7, Line 8apply the same standards and defenses that are available under the federal

• Page 7, Line 9"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

• Page 7, Line 10SECTION 6.  In Colorado Revised Statutes, 24-34-804, amend (3)(a)(I) as follows:

• Page 7, Line 1124-34-804.  Service animals - violations - penalties.

• Page 7, Line 12(3) (a) (I)  Except as provided for in subparagraphs (II) and (III) of this

• Page 7, Line 13paragraph (a), subsections (3)(a)(II) and (3)(a)(III) of this section, a

• Page 7, Line 14person who violates any provision of subsection (1) of this section is

• Page 7, Line 15liable to the qualified individual with a disability who is accompanied by

• Page 7, Line 16a service animal or a trainer of a service animal whose rights were

• Page 7, Line 17affected for the penalties provided in section 24-34-802 section 24-34-602.

• Page 7, Line 18SECTION 7.  In Colorado Revised Statutes, 24-34-806, amend (4)(a) as follows:

• Page 7, Line 1924-34-806.  Testing accommodations for Coloradans with

• Page 7, Line 20disabilities - right of action - legislative declaration - definitions.

• Page 8, Line 1(4)  An individual adversely affected or aggrieved by a testing entity's

• Page 8, Line 2decision regarding the individual's request for a testing accommodation

• Page 8, Line 3pursuant to this section may bring a civil action against the testing entity

• Page 8, Line 4in a court of competent jurisdiction for a willful violation of this section and is entitled to the following remedies:

• Page 8, Line 5(a)  The relief set forth in section 24-34-802 (2) section 24-34-602; and

• Page 8, Line 6SECTION 8.  In Colorado Revised Statutes, 1-1-116, amend (3) as follows:

• Page 8, Line 71-1-116.  Access to precinct caucus - party assembly. (3)  The

• Page 8, Line 8failure of any political party to make a reasonable effort to comply with

• Page 8, Line 9the requirements of this section constitutes discrimination on the basis of

• Page 8, Line 10disability in violation of section 24-34-802 section 24-34-602. Any

• Page 8, Line 11person 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 8, Line 12SECTION 9.  Appropriation. For the 2025-26 state fiscal year,

• Page 8, Line 13$100,305 is appropriated to the department of law. This appropriation is

• Page 8, Line 14from the legal services cash fund created in section 24-31-108 (4), C.R.S.,

• Page 8, Line 15from revenue received from the department of personnel that is

• Page 8, Line 16continuously appropriated to the department of personnel from the risk

• Page 8, Line 17management fund created in section 24-30-1510 (1)(a), C.R.S. The

• Page 8, Line 18appropriation to the department of law is based on an assumption that the

• Page 8, Line 19department of law will require an additional 0.4 FTE. To implement this

• Page 8, Line 20act, the department of law may use this appropriation to provide legal services for the department of personnel.

• Page 8, Line 21SECTION 10.  Act subject to petition - effective date. This act

• Page 8, Line 22takes effect at 12:01 a.m. on the day following the expiration of the

• Page 9, Line 1ninety-day period after final adjournment of the general assembly; except

• Page 9, Line 2that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 9, Line 3of the state constitution against this act or an item, section, or part of this

• Page 9, Line 4act within such period, then the act, item, section, or part will not take

• Page 9, Line 5effect unless approved by the people at the general election to be held in

• Page 9, Line 6November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.