Colorado 2025 Regular Session

Colorado House Bill HB1239 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REREVISED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the Second House
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
7	7		LLS NO. 25-0502.01 Megan McCall x4215
8	8		HOUSE BILL 25-1239
9	9		House Committees Senate Committees
10	10		Judiciary Judiciary
11	11		Appropriations Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING MODIFICATION OF REMEDY PROVISIONS IN THE101
15	15		C
16	16		OLORADO ANTI-DISCRIMINATION ACT, AND, IN CONNECTION102
17	17		THEREWITH, REORGANIZING AND EXPANDING THE PROVISIONS103
18	18		FOR DAMAGES IN A CIVIL ACTION FOR CERTAIN104
19	19		DISCRIMINATORY OR UNFAIR PRACTICES AND MAKING AN105
20	20		APPROPRIATION.106
21	21		Bill Summary
22	22		(Note: This summary applies to this bill as introduced and does
23	23		not reflect any amendments that may be subsequently adopted. If this bill
24	24		passes third reading in the house of introduction, a bill summary that
25	25		applies to the reengrossed version of this bill will be available at
26	26		http://leg.colorado.gov
27	27		.)
28	28		The bill consolidates damages provisions for individuals with
29	29		SENATE
30		-	3rd Reading Unamended
31		-	April 25, 2025
32		-	SENATE
33	30		Amended 2nd Reading
34	31		April 24, 2025
35	32		HOUSE
36	33		Amended 3rd Reading
37	34		March 31, 2025
38	35		HOUSE
39	36		Amended 2nd Reading
40	37		March 27, 2025
41	38		HOUSE SPONSORSHIP
42	39		Zokaie and Boesenecker, Bacon, Brown, Clifford, English, Froelich, Garcia, Jackson,
43	40		Joseph, Lieder, Lindsay, Mabrey, McCluskie, McCormick, Paschal, Rutinel, Sirota, Smith,
44	41		Story, Titone, Woodrow
45	42		SENATE SPONSORSHIP
46		-	Daugherty and Weissman, Roberts, Amabile, Ball, Cutter, Exum, Gonzales J.,
47		-	Hinrichsen, Jodeh, Kipp, Michaelson Jenet, Wallace, Winter F.
	43	+	Daugherty and Weissman, Roberts
48	44		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49	45		Capital letters or bold & italic numbers indicate new material to be added to existing law.
50	46		Dashes through the words or numbers indicate deletions from existing law. disabilities who experience an unfair housing practice, discrimination in
51	47		places of public accommodation, or a violation of their civil rights with
52	48		the general protections under the Colorado anti-discrimination act
53	49		(CADA) for all protected classes. With the consolidation of these
54	50		provisions, the allowable remedies under CADA include a court order
55	51		requiring compliance with the applicable section of CADA, actual
56	52		monetary damages, attorney fees and costs, damages for noneconomic
57	53		loss or injury, and a statutory fine of $5,000 per aggrieved party and per
58	54		violation. An award of damages for noneconomic loss or injury is capped
59	55		at $50,000, and if a defendant is a small business, it is entitled to a 50%
60	56		reduction of a noneconomic loss or injury award if it corrects the
61	57		violation within 30 days of the complaint being filed and did not
62	58		knowingly or intentionally make or cause to be made the violation.
63	59		The bill also extends the deadline for filing a charge with the
64	60		Colorado civil rights commission alleging discrimination in places of
65	61		public accommodation or discriminatory advertising from 60 days to one
66	62		year after the alleged discriminatory act occurred.
67	63		Be it enacted by the General Assembly of the State of Colorado:1
68	64		SECTION 1. Legislative declaration. (1) The general assembly2
69	65		finds and declares that:3
70	66		(a) Coloradans with disabilities continue to face discrimination in4
71	67		places of public accommodation, including by publication of5
72	68		discriminatory advertising related to those places;6
73	69		7
74	70		(b) The inability of individuals with disabilities to recover8
75	71		compensatory damages in a civil action for certain discriminatory and9
76	72		unfair practices diminishes the reality of the harm done by such10
77	73		discriminatory acts and robs the individuals with disabilities of the11
78	74		opportunity to be made truly whole;12
79	75		(c) Particularly in light of a recent United States Supreme Court13
80	76		decision concluding that emotional distress damages could not be implied14
81	77		under the federal spending clause anti-discrimination statutes, it is15
82	78		necessary to protect the rights of Coloradans with disabilities by expressly16
83	79		1239-2- and unambiguously making compensatory damages, including for1
84	80		pecuniary and nonpecuniary losses, available as a remedy in a civil action2
85	81		for certain discriminatory and unfair practices; and3
86	82		(d) In an effort to protect all Coloradans from acts of4
87	83		discrimination and ensure equal access to justice to those who are5
88	84		discriminated against, the general assembly finds that it is necessary to6
89	85		merge the remedy sections of the Colorado anti-discrimination act.7
90	86		8
91	87		SECTION 2. In Colorado Revised Statutes, 24-34-601, amend9
92	88		(2.5); and repeal (2)(b) as follows:10
93	89		24-34-601. Discrimination in places of public accommodation11
94	90		- definition. (2) (b) A claim brought pursuant to paragraph (a) of this12
95	91		subsection (2) that is based on disability is covered by the provisions of13
96	92		section 24-34-802.14
97	93		(2.5) It is a discriminatory practice and unlawful for any person15
98	94		to discriminate against any individual or group because such person or16
99	95		group has opposed any practice made a discriminatory practice by this17
100	96		part 6,
101	97
102	98		BECAUSE SUCH PERSON OR GROUP HAS REQUESTED REASONABLE18
103	99		ACCOMMODATIONS ON THE BASIS OF A PERSON 'S DISABILITY, or because19
104	100		such person or group has made a charge, testified, assisted, or participated20
105	101		in any manner in an investigation, proceeding, or hearing conducted21
106	102		pursuant to this part 6.22
107	103		SECTION 3. In Colorado Revised Statutes, 24-34-602, amend23
108	104		(1); and add (4) as follows:24
109	105		24-34-602. Penalty and civil liability. (1) (a) Any person who25
110	106		violates section 24-34-601 shall be fined three thousand five hundred26
111	107		dollars for each violation. A person aggrieved by the violation of section27
112	108		1239
113	109		-3- 24-34-601, 24-34-802 (1)(b), OR 24-34-803 may bring an action in1
114	110		any court of competent jurisdiction. in the county where the violation2
115	111		occurred. Upon finding a violation the court shall order the defendant to3
116	112		pay the fine to the aggrieved party and to comply with the provisions of4
117	113		section 24-34-601 OF SECTION 24-34-601, 24-34-802 (1)(b), OR5
118	114		24-34-803,
119	115		THE
120	116		PLAINTIFF IS ENTITLED TO A COURT ORDER REQUIRING6
121	117		COMPLIANCE WITH THE PROVISIONS OF THE APPLICABLE SECTION ,7
122	118		ATTORNEY FEES AND COSTS, AND EITHER:8
123	119		(I) R
124	120		ECOVERY OF ACTUAL MONETARY DAMAGES AND , EXCEPT AS9
125	121		OTHERWISE PROVIDED IN SUBSECTION (1)(c) OF THIS SECTION, DAMAGES10
126	122		FOR NONECONOMIC LOSS OR INJURY , AS DEFINED IN SECTION 13-21-102.511
127	123		(2)(b);
128	124		OR12
129	125		(II) A STATUTORY FINE OF FIVE THOUSAND DOLLARS, PAYABLE TO13
130	126		EACH PLAINTIFF FOR EACH VIOLATION.14
131	127		(b) Notwithstanding the provisions of paragraph (a) of this15
132	128		subsection (1), a person who violates the provisions of section 24-34-60116
133	129		based on a disability shall be subject to the provisions of section17
134	130		24-34-802.18
135	131		(c) (I) R
136	132		ECOVERY OF DAMAGES FOR NONECONOMIC LOSS OR19
137	133		INJURY IN ACCORDANCE WITH SUBSECTION
138	134		(1)(a)(I) OF THIS SECTION IS20
139	135		LIMITED TO AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS .21
140	136		(II) (A) A
141	137		DEFENDANT
142	138		IS ENTITLED TO A FIFTY-PERCENT22
143	139		REDUCTION OF THE STATUTORY CAP SET FORTH IN SUBSECTION (1)(c)(I)23
144	140		OF THIS SECTION ON NONECONOMIC LOSS OR INJURY DAMAGES AWARDED24
145	141		IN ACCORDANCE WITH SUBSECTION (1)(a)(I) OF THIS SECTION IF THE25
146	142		DEFENDANT CORRECTS THE VIOLATION WITHIN THIRTY DAYS AFTER THE26
147	143		COMPLAINT IS FILED; EXCEPT THAT A DEFENDANT THAT KNOWINGLY,27
148	144		1239
149	145		-4- INTENTIONALLY, OR RECKLESSLY MADE OR CAUSED TO BE MADE THE1
150	146		VIOLATION IS NOT ENTITLED TO A REDUCTION PURSUANT TO THIS2
151	147		SUBSECTION (1)(c)(II).3
152	148		4
153	149		(B) NOTWITHSTANDING THE PERIOD SET FORTH IN SUBSECTION5
154	150		(1)(c)(II)(A) OF THIS SECTION, A DEFENDANT THAT IS NOT ABLE TO FULLY6
155	151		CORRECT THE VIOLATION WITHIN THE THIRTY-DAY PERIOD SET FORTH IN7
156	152		SUBSECTION (1)(c)(II)(A) OF THIS SECTION MAY BE ALLOWED ADDITIONAL8
157	153		TIME IN THIRTY-DAY INCREMENTS NOT TO EXCEED A TOTAL OF ONE9
158	154		HUNDRED TWENTY DAYS, INCLUDING THE INITIAL THIRTY-DAY PERIOD SET10
159	155		FORTH IN SUBSECTION (1)(c)(II)(A) OF THIS SECTION, IF THE DEFENDANT11
160	156		SHOWS GOOD FAITH EFFORT TO CORRECT THE VIOLATION . IF THE12
161	157		DEFENDANT HAS NOT FULLY CORRECTED THE VIOLATION WITHIN ONE13
162	158		HUNDRED TWENTY DAYS, THE DEFENDANT IS NOT ENTITLED TO THE14
163	159		REDUCTION SET FORTH IN SUBSECTION (1)(c)(II)(A) OF THIS SECTION.15
164	160		(III) N
165	161		OTHING IN THIS SUBSECTION (1)(c) REDUCES ACTUAL16
166	162		MONETARY DAMAGES AWARDED IN ACCORDANCE WITH SUBSECTION17
167	163		(1)(a)(I)
168	164		OF THIS SECTION.18
169	165		(4) F
170	166		OR ANY SUIT BROUGHT PURSUANT TO THIS SECTION THAT19
171	167		RELATES TO DISCRIMINATION ON THE BASIS OF DISABILITY , THE COURT20
172	168		SHALL APPLY THE SAME STANDARDS AND DEFENSES THAT ARE AVAILABLE21
173	169		UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 4222
174	170		U.S.C.
175	171		SEC. 12101 ET SEQ., AND ITS RELATED AMENDMENTS AND23
176	172		IMPLEMENTING REGULATIONS .24
177	173		25
178	174		SECTION 4. In Colorado Revised Statutes, amend 24-34-707 as26
179	175		follows:27
180	176		1239
181	177		-5- 24-34-707. Relief authorized - definition. (1) In addition to the1
182	178		relief authorized by section 24-34-306 (9), the commission may order a2
183	179		respondent who has been found to have violated any of the provisions of3
184	180		this part 7 to rehire, reinstate, and provide back pay to any employee or4
185	181		agent discriminated against because of his THEIR obedience to this part 7;5
186	182		to make reports as to the manner of compliance with the order of the6
187	183		commission; and to take affirmative action, including the posting of7
188	184		notices setting forth the substantive rights of the public under this part 7.8
189	185		(2) (a) A PERSON AGGRIEVED BY THE VIOLATION OF SECTION9
190	186		24-34-701 MAY BRING AN ACTION IN ANY COURT OF COMPETENT10
191	187		JURISDICTION. UPON FINDING A VIOLATION OF SECTION 24-34-701, THE11
192	188		PLAINTIFF IS ENTITLED TO A COURT ORDER REQUIRING COMPLIANCE WITH12
193	189		SECTION 24-34-701, ATTORNEY FEES AND COSTS, AND EITHER: 13
194	190		(I) RECOVERY OF ACTUAL MONETARY DAMAGES AND, EXCEPT AS14
195	191		OTHERWISE PROVIDED IN SUBSECTION (2)(b) OF THIS SECTION, DAMAGES15
196	192		FOR NONECONOMIC LOSS OR INJURY, AS DEFINED IN SECTION 13-21-102.516
197	193		(2)(b); OR17
198	194		(II) A STATUTORY FINE OF FIVE THOUSAND DOLLARS, PAYABLE TO18
199	195		EACH PLAINTIFF FOR EACH VIOLATION.19
200	196		(b) (I) RECOVERY OF DAMAGES FOR NONECONOMIC LOSS OR20
201	197		INJURY IN ACCORDANCE WITH SUBSECTION (2)(a)(I) OF THIS SECTION IS21
202	198		LIMITED TO AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS .22
203	199		(II) (A) A DEFENDANT THAT IS A SMALL BUSINESS IS ENTITLED TO23
204	200		A FIFTY-PERCENT REDUCTION OF THE STATUTORY CAP SET FORTH IN24
205	201		SUBSECTION (2)(b)(I) OF THIS SECTION ON NONECONOMIC LOSS OR INJURY25
206	202		DAMAGES AWARDED IN ACCORDANCE WITH SUBSECTION (2)(a)(I) OF THIS26
207	203		SECTION IF THE DEFENDANT CORRECTS THE VIOLATION WITHIN THIRTY27
208	204		1239
209	205		-6- DAYS AFTER THE COMPLAINT IS FILED; EXCEPT THAT A DEFENDANT THAT1
210	206		IS A SMALL BUSINESS AND KNOWINGLY, INTENTIONALLY, OR RECKLESSLY2
211	207		MADE OR CAUSED TO BE MADE THE VIOLATION IS NOT ENTITLED TO A3
212	208		REDUCTION PURSUANT TO THIS SUBSECTION (2)(b)(II)(A).4
213	209		(B) AS USED IN THIS SUBSECTION (2)(b)(II), "SMALL BUSINESS"5
214	210		MEANS AN EMPLOYER WITH TWENTY -FIVE OR FEWER EMPLOYEES THAT6
215	211		GENERATES NO MORE THAN THREE MILLION FIVE HUNDRED DOLLARS IN7
216	212		ANNUAL GROSS INCOME.8
217	213		(III) NOTHING IN THIS SUBSECTION (2)(b) REDUCES ACTUAL9
218	214		MONETARY DAMAGES AWARDED IN ACCORDANCE WITH SUBSECTION10
219	215		(2)(a)(I) OF THIS SECTION.11
220	216		(c) FOR ANY SUIT BROUGHT PURSUANT TO THIS SECTION THAT12
221	217		RELATES TO DISCRIMINATION ON THE BASIS OF DISABILITY, THE COURT13
222	218		SHALL APPLY THE SAME STANDARDS AND DEFENSES THAT ARE AVAILABLE14
223	219		UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 4215
224	220		U.S.C. SEC. 12101 ET SEQ., AND ITS RELATED AMENDMENTS AND16
225	221		IMPLEMENTING REGULATIONS .17
226	222		(d) THE RELIEF PROVIDED BY THIS SUBSECTION (2) IS AN18
227	223		ALTERNATIVE TO THAT AUTHORIZED BY SECTION 24-34-306 (9) AND AN19
228	224		ALTERNATIVE TO THE RELIEF SET FORTH IN SUBSECTION (1) OF THIS20
229	225		SECTION, AND A PERSON WHO SEEKS REDRESS UNDER THIS SUBSECTION (2)21
230	226		IS NOT PERMITTED TO SEEK RELIEF FROM THE COMMISSION .22
231	227		SECTION 5. In Colorado Revised Statutes, 24-34-802, amend23
232	228		(2)(a) introductory portion; and repeal (2)(c), (2)(d), and (4) as follows:24
233	229		24-34-802. Violations - penalties - immunity - repeal.25
234	230		(2) (a) An individual with a disability, as defined in section 24-34-301,26
235	231		who is subject to a violation of subsection (1) SUBSECTION (1)(c) of this27
236	232		1239
237	233		-7- section or of section 24-34-502 OR 24-34-502.2 24-34-601, or 24-34-8031
238	234		based on the individual's disability may bring a civil suit in a court of2
239	235		competent jurisdiction and is entitled to a court order requiring3
240	236		compliance with the provisions of the applicable section and either of the4
241	237		following remedies:5
242	238		(c) For a claim brought pursuant to subsection (2)(a) of this6
243	239		section for a construction-related accessibility violation, the violation7
244	240		must be considered a single incident and not as separate violations for8
245	241		each day the construction-related accessibility violation exists.9
246	242		(d) (I) A small business defendant is entitled to a fifty percent10
247	243		reduction in a statutory fine assessed pursuant to subsection (2)(a)(III) of11
248	244		this section if it corrects the accessibility violation within thirty days after12
249	245		the filing of the complaint. The fifty percent reduction in a statutory fine13
250	246		does not apply, however, if the defendant knowingly or intentionally14
251	247		made or caused to have made the access barrier that caused the15
252	248		accessibility violation.16
253	249		(II) For purposes of this subsection (2)(d), "small business" means17
254	250		an employer with twenty-five or fewer employees and no more than three18
255	251		million five hundred thousand dollars in annual gross income.19
256	252		(III) Nothing in this subsection (2)(d) may be interpreted to result20
257	253		in a reduction in actual monetary damages awarded pursuant to21
258	254		subsection (2)(a)(II) of this section.22
259	255		(4) A court that hears civil suits pursuant to this section shall23
260	256		apply the same standards and defenses that are available under the federal24
261	257		"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.,25
262	258		and its related amendments and implementing regulations.26
263	259		SECTION 6. In Colorado Revised Statutes, 24-34-804, amend27
264	260		1239
265	261		-8- (3)(a)(I) as follows:1
266	262		24-34-804. Service animals - violations - penalties.2
267	263		(3) (a) (I) Except as provided for in subparagraphs (II) and (III) of this3
268	264		paragraph (a), SUBSECTIONS (3)(a)(II) AND (3)(a)(III) OF THIS SECTION, a4
269	265		person who violates any provision of subsection (1) of this section is5
270	266		liable to the qualified individual with a disability who is accompanied by6
271	267		a service animal or a trainer of a service animal whose rights were7
272	268		affected for the penalties provided in section 24-34-802 SECTION8
273	269		24-34-602.9
274	270		SECTION 7. In Colorado Revised Statutes, 24-34-806, amend10
275	271		(3)(a)(II) and (4)(a); and repeal (3)(a)(III) as follows:11
276	272		24-34-806. Testing accommodations for Coloradans with12
277	273		disabilities - right of action - legislative declaration - definitions.13
278	274		(3) (a) A testing entity must grant an individual's request for a testing14
279	275		accommodation on a licensing exam if the individual:15
280	276		(II) Provides
281	277		EITHER:
282	278		16
283	279		(A) Proof of having received the previous testing accommodation17
284	280		due to the individual's disability on a past standardized exam or18
285	281		high-stakes test;
286	282		OR
287	283		19
288	284		(B) A
289	285		RECOMMENDATION LETTER FROM THE INDIVIDUAL 'S
290	286		20
291	287		TREATING MEDICAL PROFESSIONAL THAT RECOMMENDS THE21
292	288		ACCOMMODATIONS REQUESTED BY THE INDIVIDUAL AND IS SIGNED AND22
293	289		DATED BY THE TREATING MEDICAL PROFESSIONAL MAKING THE23
294	290		RECOMMENDATION ; AND24
295	291		(III) Provides a recommendation letter from the individual's25
296	292		treating medical professional that recommends the accommodations26
297	293		requested by the individual. The recommendation letter must be signed27
298	294		1239
299	295		-9- and dated by the treating medical professional making the1
300	296		recommendation; and2
301	297		(4) An individual adversely affected or aggrieved by a testing3
302	298		entity's decision regarding the individual's request for a testing4
303	299		accommodation pursuant to this section may bring a civil action against5
304	300		the testing entity in a court of competent jurisdiction for a willful6
305	301		violation of this section and is entitled to the following remedies:7
306	302		(a) The relief set forth in section 24-34-802 (2) SECTION8
307	303		24-34-602; and9
308	304		SECTION 8. In Colorado Revised Statutes, 1-1-116, amend (3)10
309	305		as follows:11
310	306		1-1-116. Access to precinct caucus - party assembly. (3) The12
311	307		failure of any political party to make a reasonable effort to comply with13
312	308		the requirements of this section constitutes discrimination on the basis of14
313	309		disability in violation of section 24-34-802 SECTION 24-34-602. Any15
314	310		person who is subjected to a violation of this section is entitled to seek all16
315	311		relief provided in section 24-34-802 SECTION 24-34-602.17
316	312		SECTION 9. Appropriation. For the 2025-26 state fiscal year,18
317	313		$100,305 is appropriated to the department of law. This appropriation is19
318	314		from the legal services cash fund created in section 24-31-108 (4), C.R.S.,20
319	315		from revenue received from the department of personnel that is21
320	316		continuously appropriated to the department of personnel from the risk22
321	317		management fund created in section 24-30-1510 (1)(a), C.R.S. The23
322	318		appropriation to the department of law is based on an assumption that the24
323	319		department of law will require an additional 0.4 FTE. To implement this25
324	320		act, the department of law may use this appropriation to provide legal26
325	321		services for the department of personnel.27
326	322		1239
327	323		-10- SECTION 10. Act subject to petition - effective date. This act1
328	324		takes effect at 12:01 a.m. on the day following the expiration of the2
329	325		ninety-day period after final adjournment of the general assembly; except3
330	326		that, if a referendum petition is filed pursuant to section 1 (3) of article V4
331	327		of the state constitution against this act or an item, section, or part of this5
332	328		act within such period, then the act, item, section, or part will not take6
333	329		effect unless approved by the people at the general election to be held in7
334	330		November 2026 and, in such case, will take effect on the date of the8
335	331		official declaration of the vote thereon by the governor.9
336	332		1239
337	333		-11-