First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0502.01 Megan McCall x4215
HOUSE BILL 25-1239
House Committees Senate Committees
Judiciary
Appropriations
A BILL FOR AN ACT
C
ONCERNING MODIFICATION OF REMEDY PROVISIONS IN THE101
C
OLORADO ANTI-DISCRIMINATION ACT, AND, IN CONNECTION102
THEREWITH, REORGANIZING AND EXPANDING THE PROVISIONS103
FOR DAMAGES IN A CIVIL ACTION FOR CERTAIN104
DISCRIMINATORY OR UNFAIR PRACTICES AND MAKING AN105
APPROPRIATION.106
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
HOUSE
Amended 3rd Reading
March 31, 2025
HOUSE
Amended 2nd Reading
March 27, 2025
HOUSE SPONSORSHIP
Zokaie and Boesenecker, Bacon, Brown, Clifford, English, Froelich, Garcia, Jackson,
Joseph, Lieder, Lindsay, Mabrey, McCluskie, McCormick, Paschal, Rutinel, Sirota, Smith,
Story, Titone, Woodrow
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. 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
7
(b) The inability of individuals with disabilities to recover8
compensatory damages in a civil action for certain discriminatory and9
unfair practices diminishes the reality of the harm done by such10
discriminatory acts and robs the individuals with disabilities of the11
opportunity to be made truly whole;12
(c) Particularly in light of a recent United States Supreme Court13
decision concluding that emotional distress damages could not be implied14
under the federal spending clause anti-discrimination statutes, it is15
necessary to protect the rights of Coloradans with disabilities by expressly16
1239-2- and unambiguously making compensatory damages, including for1
pecuniary and nonpecuniary losses, available as a remedy in a civil action2
for certain discriminatory and unfair practices; and3
(d) In an effort to protect all Coloradans from acts of4
discrimination and ensure equal access to justice to those who are5
discriminated against, the general assembly finds that it is necessary to6
merge the remedy sections of the Colorado anti-discrimination act.7
8
SECTION 2. In Colorado Revised Statutes, 24-34-601, amend9
(2.5); and repeal (2)(b) as follows:10
24-34-601. Discrimination in places of public accommodation11
- definition. (2) (b) A claim brought pursuant to paragraph (a) of this12
subsection (2) that is based on disability is covered by the provisions of13
section 24-34-802.14
(2.5) It is a discriminatory practice and unlawful for any person15
to discriminate against any individual or group because such person or16
group has opposed any practice made a discriminatory practice by this17
part 6,
BECAUSE SUCH PERSON OR GROUP HAS REQUESTED REASONABLE18
ACCOMMODATIONS ON THE BASIS OF A PERSON 'S DISABILITY, or because19
such person or group has made a charge, testified, assisted, or participated20
in any manner in an investigation, proceeding, or hearing conducted21
pursuant to this part 6.22
SECTION 3. In Colorado Revised Statutes, 24-34-602, amend23
(1); and add (4) as follows:24
24-34-602. Penalty and civil liability. (1) (a) Any person who25
violates section 24-34-601 shall be fined three thousand five hundred26
dollars for each violation. A person aggrieved by the violation of section27
1239
-3- 24-34-601, 24-34-802 (1)(b), OR 24-34-803 may bring an action in1
any court of competent jurisdiction. in the county where the violation2
occurred. Upon finding a violation the court shall order the defendant to3
pay the fine to the aggrieved party and to comply with the provisions of4
section 24-34-601 OF SECTION 24-34-601, 24-34-802 (1)(b), OR5
24-34-803,
THE
PLAINTIFF IS ENTITLED TO A COURT ORDER REQUIRING6
COMPLIANCE WITH THE PROVISIONS OF THE APPLICABLE SECTION ,7
ATTORNEY FEES AND COSTS, AND EITHER:8
(I) R
ECOVERY OF ACTUAL MONETARY DAMAGES AND , EXCEPT AS9
OTHERWISE PROVIDED IN SUBSECTION (1)(c) OF THIS SECTION, DAMAGES10
FOR NONECONOMIC LOSS OR INJURY , AS DEFINED IN SECTION 13-21-102.511
(2)(b);
OR12
(II) A STATUTORY FINE OF FIVE THOUSAND DOLLARS, PAYABLE TO13
EACH PLAINTIFF FOR EACH VIOLATION.14
(b) Notwithstanding the provisions of paragraph (a) of this15
subsection (1), a person who violates the provisions of section 24-34-60116
based on a disability shall be subject to the provisions of section17
24-34-802.18
(c) (I) R
ECOVERY OF DAMAGES FOR NONECONOMIC LOSS OR19
INJURY IN ACCORDANCE WITH SUBSECTION
(1)(a)(I) OF THIS SECTION IS20
LIMITED TO AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS .21
(II) (A) A
DEFENDANT
IS ENTITLED TO A FIFTY-PERCENT22
REDUCTION OF THE STATUTORY CAP SET FORTH IN SUBSECTION (1)(c)(I)23
OF THIS SECTION ON NONECONOMIC LOSS OR INJURY DAMAGES AWARDED24
IN ACCORDANCE WITH SUBSECTION (1)(a)(I) OF THIS SECTION IF THE25
DEFENDANT CORRECTS THE VIOLATION WITHIN THIRTY DAYS AFTER THE26
COMPLAINT IS FILED; EXCEPT THAT A DEFENDANT THAT KNOWINGLY,27
1239
-4- INTENTIONALLY, OR RECKLESSLY MADE OR CAUSED TO BE MADE THE1
VIOLATION IS NOT ENTITLED TO A REDUCTION PURSUANT TO THIS2
SUBSECTION (1)(c)(II).3
4
(B) NOTWITHSTANDING THE PERIOD SET FORTH IN SUBSECTION5
(1)(c)(II)(A) OF THIS SECTION, A DEFENDANT THAT IS NOT ABLE TO FULLY6
CORRECT THE VIOLATION WITHIN THE THIRTY-DAY PERIOD SET FORTH IN7
SUBSECTION (1)(c)(II)(A) OF THIS SECTION MAY BE ALLOWED ADDITIONAL8
TIME IN THIRTY-DAY INCREMENTS NOT TO EXCEED A TOTAL OF ONE9
HUNDRED TWENTY DAYS, INCLUDING THE INITIAL THIRTY-DAY PERIOD SET10
FORTH IN SUBSECTION (1)(c)(II)(A) OF THIS SECTION, IF THE DEFENDANT11
SHOWS GOOD FAITH EFFORT TO CORRECT THE VIOLATION . IF THE12
DEFENDANT HAS NOT FULLY CORRECTED THE VIOLATION WITHIN ONE13
HUNDRED TWENTY DAYS, THE DEFENDANT IS NOT ENTITLED TO THE14
REDUCTION SET FORTH IN SUBSECTION (1)(c)(II)(A) OF THIS SECTION.15
(III) N
OTHING IN THIS SUBSECTION (1)(c) REDUCES ACTUAL16
MONETARY DAMAGES AWARDED IN ACCORDANCE WITH SUBSECTION17
(1)(a)(I)
OF THIS SECTION.18
(4) F
OR ANY SUIT BROUGHT PURSUANT TO THIS SECTION THAT19
RELATES TO DISCRIMINATION ON THE BASIS OF DISABILITY , THE COURT20
SHALL APPLY THE SAME STANDARDS AND DEFENSES THAT ARE AVAILABLE21
UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 4222
U.S.C.
SEC. 12101 ET SEQ., AND ITS RELATED AMENDMENTS AND23
IMPLEMENTING REGULATIONS .24
25
SECTION 4. In Colorado Revised Statutes, amend 24-34-707 as26
follows:27
1239
-5- 24-34-707. Relief authorized - definition. (1) In addition to the1
relief authorized by section 24-34-306 (9), the commission may order a2
respondent who has been found to have violated any of the provisions of3
this part 7 to rehire, reinstate, and provide back pay to any employee or4
agent discriminated against because of his THEIR obedience to this part 7;5
to make reports as to the manner of compliance with the order of the6
commission; and to take affirmative action, including the posting of7
notices setting forth the substantive rights of the public under this part 7.8
(2) (a) A PERSON AGGRIEVED BY THE VIOLATION OF SECTION9
24-34-701 MAY BRING AN ACTION IN ANY COURT OF COMPETENT10
JURISDICTION. UPON FINDING A VIOLATION OF SECTION 24-34-701, THE11
PLAINTIFF IS ENTITLED TO A COURT ORDER REQUIRING COMPLIANCE WITH12
SECTION 24-34-701, ATTORNEY FEES AND COSTS, AND EITHER: 13
(I) RECOVERY OF ACTUAL MONETARY DAMAGES AND, EXCEPT AS14
OTHERWISE PROVIDED IN SUBSECTION (2)(b) OF THIS SECTION, DAMAGES15
FOR NONECONOMIC LOSS OR INJURY, AS DEFINED IN SECTION 13-21-102.516
(2)(b); OR17
(II) A STATUTORY FINE OF FIVE THOUSAND DOLLARS, PAYABLE TO18
EACH PLAINTIFF FOR EACH VIOLATION.19
(b) (I) RECOVERY OF DAMAGES FOR NONECONOMIC LOSS OR20
INJURY IN ACCORDANCE WITH SUBSECTION (2)(a)(I) OF THIS SECTION IS21
LIMITED TO AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS .22
(II) (A) A DEFENDANT THAT IS A SMALL BUSINESS IS ENTITLED TO23
A FIFTY-PERCENT REDUCTION OF THE STATUTORY CAP SET FORTH IN24
SUBSECTION (2)(b)(I) OF THIS SECTION ON NONECONOMIC LOSS OR INJURY25
DAMAGES AWARDED IN ACCORDANCE WITH SUBSECTION (2)(a)(I) OF THIS26
SECTION IF THE DEFENDANT CORRECTS THE VIOLATION WITHIN THIRTY27
1239
-6- DAYS AFTER THE COMPLAINT IS FILED; EXCEPT THAT A DEFENDANT THAT1
IS A SMALL BUSINESS AND KNOWINGLY, INTENTIONALLY, OR RECKLESSLY2
MADE OR CAUSED TO BE MADE THE VIOLATION IS NOT ENTITLED TO A3
REDUCTION PURSUANT TO THIS SUBSECTION (2)(b)(II)(A).4
(B) AS USED IN THIS SUBSECTION (2)(b)(II), "SMALL BUSINESS"5
MEANS AN EMPLOYER WITH TWENTY -FIVE OR FEWER EMPLOYEES THAT6
GENERATES NO MORE THAN THREE MILLION FIVE HUNDRED DOLLARS IN7
ANNUAL GROSS INCOME.8
(III) NOTHING IN THIS SUBSECTION (2)(b) REDUCES ACTUAL9
MONETARY DAMAGES AWARDED IN ACCORDANCE WITH SUBSECTION10
(2)(a)(I) OF THIS SECTION.11
(c) FOR ANY SUIT BROUGHT PURSUANT TO THIS SECTION THAT12
RELATES TO DISCRIMINATION ON THE BASIS OF DISABILITY, THE COURT13
SHALL APPLY THE SAME STANDARDS AND DEFENSES THAT ARE AVAILABLE14
UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 4215
U.S.C. SEC. 12101 ET SEQ., AND ITS RELATED AMENDMENTS AND16
IMPLEMENTING REGULATIONS .17
(d) THE RELIEF PROVIDED BY THIS SUBSECTION (2) IS AN18
ALTERNATIVE TO THAT AUTHORIZED BY SECTION 24-34-306 (9) AND AN19
ALTERNATIVE TO THE RELIEF SET FORTH IN SUBSECTION (1) OF THIS20
SECTION, AND A PERSON WHO SEEKS REDRESS UNDER THIS SUBSECTION (2)21
IS NOT PERMITTED TO SEEK RELIEF FROM THE COMMISSION .22
SECTION 5. In Colorado Revised Statutes, 24-34-802, amend23
(2)(a) introductory portion; and repeal (2)(c), (2)(d), and (4) as follows:24
24-34-802. Violations - penalties - immunity - repeal.25
(2) (a) An individual with a disability, as defined in section 24-34-301,26
who is subject to a violation of subsection (1) SUBSECTION (1)(c) of this27
1239
-7- section or of section 24-34-502 OR 24-34-502.2 24-34-601, or 24-34-8031
based on the individual's disability may bring a civil suit in a court of2
competent jurisdiction and is entitled to a court order requiring3
compliance with the provisions of the applicable section and either of the4
following remedies:5
(c) For a claim brought pursuant to subsection (2)(a) of this6
section for a construction-related accessibility violation, the violation7
must be considered a single incident and not as separate violations for8
each day the construction-related accessibility violation exists.9
(d) (I) A small business defendant is entitled to a fifty percent10
reduction in a statutory fine assessed pursuant to subsection (2)(a)(III) of11
this section if it corrects the accessibility violation within thirty days after12
the filing of the complaint. The fifty percent reduction in a statutory fine13
does not apply, however, if the defendant knowingly or intentionally14
made or caused to have made the access barrier that caused the15
accessibility violation.16
(II) For purposes of this subsection (2)(d), "small business" means17
an employer with twenty-five or fewer employees and no more than three18
million five hundred thousand dollars in annual gross income.19
(III) Nothing in this subsection (2)(d) may be interpreted to result20
in a reduction in actual monetary damages awarded pursuant to21
subsection (2)(a)(II) of this section.22
(4) A court that hears civil suits pursuant to this section shall23
apply the same standards and defenses that are available under the federal24
"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.,25
and its related amendments and implementing regulations.26
SECTION 6. In Colorado Revised Statutes, 24-34-804, amend27
1239
-8- (3)(a)(I) as follows:1
24-34-804. Service animals - violations - penalties.2
(3) (a) (I) Except as provided for in subparagraphs (II) and (III) of this3
paragraph (a), SUBSECTIONS (3)(a)(II) AND (3)(a)(III) OF THIS SECTION, a4
person who violates any provision of subsection (1) of this section is5
liable to the qualified individual with a disability who is accompanied by6
a service animal or a trainer of a service animal whose rights were7
affected for the penalties provided in section 24-34-802 SECTION8
24-34-602.9
SECTION 7. In Colorado Revised Statutes, 24-34-806, amend10
(4)(a) as follows:11
24-34-806. Testing accommodations for Coloradans with12
disabilities - right of action - legislative declaration - definitions.13
(4) An individual adversely affected or aggrieved by a testing entity's14
decision regarding the individual's request for a testing accommodation15
pursuant to this section may bring a civil action against the testing entity16
in a court of competent jurisdiction for a willful violation of this section17
and is entitled to the following remedies:18
(a) The relief set forth in section 24-34-802 (2) SECTION19
24-34-602; and20
SECTION 8. In Colorado Revised Statutes, 1-1-116, amend (3)21
as follows:22
1-1-116. Access to precinct caucus - party assembly. (3) The23
failure of any political party to make a reasonable effort to comply with24
the requirements of this section constitutes discrimination on the basis of25
disability in violation of section 24-34-802 SECTION 24-34-602. Any26
person who is subjected to a violation of this section is entitled to seek all27
1239
-9- relief provided in section 24-34-802 SECTION 24-34-602.1
SECTION 9. Appropriation. For the 2025-26 state fiscal year,2
$100,305 is appropriated to the department of law. This appropriation is3
from the legal services cash fund created in section 24-31-108 (4), C.R.S.,4
from revenue received from the department of personnel that is5
continuously appropriated to the department of personnel from the risk6
management fund created in section 24-30-1510 (1)(a), C.R.S. The7
appropriation to the department of law is based on an assumption that the8
department of law will require an additional 0.4 FTE. To implement this9
act, the department of law may use this appropriation to provide legal10
services for the department of personnel.11
SECTION 10. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2026 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
1239
-10-