First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0502.01 Megan McCall x4215
HOUSE BILL 25-1239
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MODIFICATION OF REMEDY PROVISIONS IN THE101
C
OLORADO ANTI-DISCRIMINATION ACT, AND, IN CONNECTION102
THEREWITH, EXTENDING THE DEADLINE FOR FILING A CHARGE103
FOR DISCRIMINATION IN PL ACES OF PUBLIC ACCOMMODATION104
OR DISCRIMINATORY ADVERTISI NG AND REORGANIZING AND105
EXPANDING THE PROVISIONS FO R DAMAGES IN A CIVIL ACTION106
FOR CERTAIN DISCRIMINAT ORY OR UNFAIR PRACTICES .107
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
.)
HOUSE SPONSORSHIP
Zokaie,
SENATE SPONSORSHIP
Daugherty and Weissman, Roberts
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Coloradans with disabilities continue to face discrimination in4
places of public accommodation, including by publication of5
discriminatory advertising related to those places;6
(b) The current 60-day time limit to file an administrative7
complaint for discrimination in a place of public accommodation, or8
related discriminatory advertising, pushes individuals with disabilities to9
file civil lawsuits instead of administrative complaints;10
(c) To avoid this push toward litigation, and to ensure that both11
options to remedy this ongoing discrimination are available to Coloradans12
with disabilities, the time limit to file an administrative complaint for13
discrimination in a place of public accommodation, or related14
HB25-1239-2- discriminatory advertising, should be extended to one year, matching the1
time limit to file other actions for relief pursuant to the Colorado2
anti-discrimination act;3
(d) Additionally, the inability of individuals with disabilities to4
recover compensatory damages in a civil action for certain discriminatory5
and unfair practices diminishes the reality of the harm done by such6
discriminatory acts and robs the individuals with disabilities of the7
opportunity to be made truly whole;8
(e) Particularly in light of a recent United States Supreme Court9
decision concluding that emotional distress damages could not be implied10
under the federal spending clause anti-discrimination statutes, it is11
necessary to protect the rights of Coloradans with disabilities by expressly12
and unambiguously making compensatory damages, including for13
pecuniary and nonpecuniary losses, available as a remedy in a civil action14
for certain discriminatory and unfair practices; and15
(f) In an effort to protect all Coloradans from acts of16
discrimination and ensure equal access to justice to those who are17
discriminated against, the general assembly finds that it is necessary to18
merge the remedy sections of the Colorado anti-discrimination act.19
SECTION 2. In Colorado Revised Statutes, 24-34-508, amend20
(2); and add (3) as follows:21
24-34-508. Relief authorized. (2) In addition to the relief22
authorized by the provisions of subsection (1) of this section, an23
individual with a disability who has suffered an unfair housing practice24
based on his or her disability is entitled to the relief set forth in section25
24-34-802 SECTION 24-34-602.26
(3) A
N INDIVIDUAL WITH A DISABILITY WHO IS SUBJECT TO A27
HB25-1239
-3- VIOLATION OF SECTION 24-34-502 OR 24-34-502.2 BASED ON THE1
INDIVIDUAL'S DISABILITY IS ENTITLED TO THE RELIEF SET FORTH IN2
SECTION 24-34-602.3
SECTION 3. In Colorado Revised Statutes, 24-34-601, amend4
(2.5); and repeal (2)(b) as follows:5
24-34-601. Discrimination in places of public accommodation6
- definition. (2) (b) A claim brought pursuant to paragraph (a) of this7
subsection (2) that is based on disability is covered by the provisions of8
section 24-34-802.9
(2.5) It is a discriminatory practice and unlawful for any person10
to discriminate against any individual or group because such person or11
group has opposed any practice made a discriminatory practice by this12
part 6,
BY PART 7 OF THIS ARTICLE 34, BECAUSE SUCH PERSON OR GROUP13
HAS REQUESTED REASONABLE ACCOMMODATIONS ON THE BASIS OF A14
PERSON'S DISABILITY, or because such person or group has made a charge,15
testified, assisted, or participated in any manner in an investigation,16
proceeding, or hearing conducted pursuant to this part 6
OR PART 7 OF17
THIS ARTICLE 34.18
SECTION 4. In Colorado Revised Statutes, 24-34-602, amend19
(1); and add (4) as follows:20
24-34-602. Penalty and civil liability - definition. (1) (a) Any
21
person who violates section 24-34-601 shall be fined three thousand five22
hundred dollars for each violation. A person aggrieved by the violation23
of section 24-34-601, 24-34-802 (1)(a), 24-34-802 (1)(b),
OR 24-34-80324
may bring an action in any court of competent jurisdiction. in the county
25
where the violation occurred. Upon finding a violation the court shall26
order the defendant to pay the fine to the aggrieved party and to comply27
HB25-1239
-4- with the provisions of section 24-34-601 OF SECTION 24-34-601,1
24-34-802 (1)(a), 24-34-802 (1)(b),
OR 24-34-803, THE AGGRIEVED PARTY2
IS ENTITLED TO A COURT ORDER REQUIRING COMPLIANCE WITH THE3
PROVISIONS OF THE APPLICABLE SECTION, ATTORNEY'S FEES AND COSTS,4
AND EITHER:5
(I) R
ECOVERY OF ACTUAL MONETARY DAMAGES AND , EXCEPT AS6
OTHERWISE PROVIDED IN SUBSECTION (1)(c) OF THIS SECTION, DAMAGES7
FOR NONECONOMIC LOSS OR INJURY , AS DEFINED IN SECTION 13-21-102.58
(2)(b);
OR9
(II) A
STATUTORY FINE OF FIVE THOUSAND DOLLARS PER10
VIOLATION PER AGGRIEVED PARTY .11
(b) Notwithstanding the provisions of paragraph (a) of this
12
subsection (1), a person who violates the provisions of section 24-34-60113
based on a disability shall be subject to the provisions of section14
24-34-802.15
(c) (I) R
ECOVERY OF DAMAGES FOR NONECONOMIC LOSS OR16
INJURY IN ACCORDANCE WITH SUBSECTION (1)(a)(II) OF THIS SECTION IS17
LIMITED TO AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS .18
(II) (A) A
DEFENDANT THAT IS A SMALL BUSINESS IS ENTITLED TO19
A FIFTY PERCENT REDUCTION OF THE AMOUNT OF NONECONOMIC LOSS OR20
INJURY DAMAGES AWARDED IN ACCORDANCE WITH SUBSECTION (1)(a)(II)21
OF THIS SECTION IF THE DEFENDANT CORRECTS THE VIOLATION WITHIN22
THIRTY DAYS AFTER THE COMPLAINT IS FILED; EXCEPT THAT A DEFENDANT23
THAT IS A SMALL BUSINESS AND KNOWINGLY OR INTENTIONALLY MADE OR24
CAUSED TO BE MADE THE VIOLATION IS NOT ENTITLED TO A REDUCTION25
PURSUANT TO THIS SUBSECTION (1)(c)(II).26
(B) A
S USED IN THIS SUBSECTION (1)(c)(II), "SMALL BUSINESS"27
HB25-1239
-5- MEANS AN EMPLOYER WITH TWENTY -FIVE OR FEWER EMPLOYEES THAT1
GENERATES NO MORE THAN THREE MILLION FIVE HUNDRED THOUSAND2
DOLLARS IN ANNUAL GROSS INCOME .3
(III) N
OTHING IN THIS SUBSECTION (1)(c) REDUCES ACTUAL4
MONETARY DAMAGES AWARDED IN ACCORDANCE WITH SUBSECTION5
(1)(a)(I)
OF THIS SECTION.6
(4) F
OR ANY SUIT BROUGHT PURSUANT TO THIS SECTION THAT7
RELATES TO DISCRIMINATION ON THE BASIS OF DISABILITY , THE COURT8
SHALL APPLY THE SAME STANDARDS AND DEFENSES THAT ARE AVAILABLE9
UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 4210
U.S.C.
SEC. 12101 ET SEQ., AND ITS RELATED AMENDMENTS AND11
IMPLEMENTING REGULATIONS .12
SECTION 5. In Colorado Revised Statutes, amend 24-34-604 as13
follows:14
24-34-604. Time limits on filing of charges. Any charge filed15
with the commission alleging a violation of this part 6 shall be filed16
pursuant to section 24-34-306 within sixty days
ONE YEAR after the17
alleged discriminatory act occurred, and if not so filed, it shall be barred.18
SECTION 6. In Colorado Revised Statutes, amend 24-34-706 as19
follows:20
24-34-706. Time limits on filing of charges. Any charge filed21
with the commission alleging a violation of this part 7 shall be filed22
pursuant to section 24-34-306 within sixty days ONE YEAR after the23
alleged discriminatory act occurred, and, if not so filed, it shall be barred.24
SECTION 7. In Colorado Revised Statutes, 24-34-802, amend25
(2)(a) introductory portion; and repeal (2)(c), (2)(d), and (4) as follows:26
24-34-802. Violations - penalties - immunity - repeal.27
HB25-1239
-6- (2) (a) An individual with a disability, as defined in section 24-34-301,1
who is subject to a violation of subsection (1) SUBSECTION (1)(c) of this2
section or of section 24-34-502, 24-34-502.2, 24-34-601, or 24-34-8033
based on the individual's disability may bring a civil suit in a court of4
competent jurisdiction and is entitled to a court order requiring5
compliance with the provisions of the applicable section and either of the6
following remedies:7
(c) For a claim brought pursuant to subsection (2)(a) of this8
section for a construction-related accessibility violation, the violation9
must be considered a single incident and not as separate violations for10
each day the construction-related accessibility violation exists.11
(d) (I) A small business defendant is entitled to a fifty percent12
reduction in a statutory fine assessed pursuant to subsection (2)(a)(III) of13
this section if it corrects the accessibility violation within thirty days after14
the filing of the complaint. The fifty percent reduction in a statutory fine15
does not apply, however, if the defendant knowingly or intentionally16
made or caused to have made the access barrier that caused the17
accessibility violation.18
(II) For purposes of this subsection (2)(d), "small business" means19
an employer with twenty-five or fewer employees and no more than three20
million five hundred thousand dollars in annual gross income.21
(III) Nothing in this subsection (2)(d) may be interpreted to result22
in a reduction in actual monetary damages awarded pursuant to23
subsection (2)(a)(II) of this section.24
(4) A court that hears civil suits pursuant to this section shall25
apply the same standards and defenses that are available under the federal26
"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.,27
HB25-1239
-7- and its related amendments and implementing regulations.1
SECTION 8. In Colorado Revised Statutes, 24-34-804, amend2
(3)(a)(I) as follows:3
24-34-804. Service animals - violations - penalties.4
(3) (a) (I) Except as provided for in subparagraphs (II) and (III) of this5
paragraph (a), SUBSECTIONS (3)(a)(II) AND (3)(a)(III) OF THIS SECTION, a6
person who violates any provision of subsection (1) of this section is7
liable to the qualified individual with a disability who is accompanied by8
a service animal or a trainer of a service animal whose rights were9
affected for the penalties provided in section 24-34-802 SECTION10
24-34-602.11
SECTION 9. In Colorado Revised Statutes, 24-34-806, amend12
(4)(a) as follows:13
24-34-806. Testing accommodations for Coloradans with14
disabilities - right of action - legislative declaration - definitions.15
(4) An individual adversely affected or aggrieved by a testing entity's16
decision regarding the individual's request for a testing accommodation17
pursuant to this section may bring a civil action against the testing entity18
in a court of competent jurisdiction for a willful violation of this section19
and is entitled to the following remedies:20
(a) The relief set forth in section 24-34-802 (2) SECTION21
24-34-602; and22
SECTION 10. In Colorado Revised Statutes, 1-1-116, amend (3)23
as follows:24
1-1-116. Access to precinct caucus - party assembly. (3) The25
failure of any political party to make a reasonable effort to comply with26
the requirements of this section constitutes discrimination on the basis of27
HB25-1239
-8- disability in violation of section 24-34-802 SECTION 24-34-602. Any1
person who is subjected to a violation of this section is entitled to seek all2
relief provided in section 24-34-802 SECTION 24-34-602.3
SECTION 11. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2026 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
HB25-1239
-9-