First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0653.01 Christy Chase x2008 HOUSE BILL 15-1172 HOUSE SPONSORSHIP DelGrosso, SENATE SPONSORSHIP (None), House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning the elimination of punitive damage awards in employment discrimination cases filed under state law. 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://www.leg.state.co.us/billsummaries.) Under federal law, which applies to employers with 15 or more employees, a plaintiff who proves his or her employer has engaged in intentional discrimination may receive an award of compensatory and punitive damages. In the 2013 legislative session, the general assembly enacted legislation enabling plaintiffs in employment discrimination cases filed under state law, which applies to all employers regardless of size and which permits certain employment discrimination claims not currently allowed under federal law, to seek an award of compensatory and punitive damages. The bill eliminates the ability of a plaintiff filing an employment discrimination claim under state law to obtain a punitive damage award. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-34-405, amend (3) (a), (3) (d) (I), (3) (d) (II) introductory portion, (3) (e), (4), and (8) (b); and repeal (3) (b) as follows: 24-34-405. Relief authorized - short title. (3) (a) In addition to the relief available pursuant to subsection (2) of this section, and except as provided in paragraph (g) of this subsection (3), in a civil action brought by a plaintiff under this part 4 against a defendant who is found to have engaged in an intentional discriminatory or unfair employment practice, the plaintiff may recover compensatory and punitive damages as specified in this subsection (3). The court shall not award a plaintiff compensatory or punitive damages when the defendant is found to have engaged in an employment practice that is unlawful solely because of its disparate impact. (b) (I) Except as limited by the "Colorado Governmental Immunity Act", article 10 of this title, and except as provided in subparagraph (II) of this paragraph (b), a plaintiff may recover punitive damages against a defendant, other than the state or any political subdivision, commission, department, institution, or school district of the state, if the plaintiff demonstrates by clear and convincing evidence that the defendant engaged in a discriminatory or unfair employment practice with malice or reckless indifference to the rights of the plaintiff. However, if the defendant demonstrates good-faith efforts to comply with this part 4 and to prevent discriminatory and unfair employment practices in the workplace, the court shall not award punitive damages against the defendant. (II) The court shall not award punitive damages in a civil action involving a claim of failure to make a reasonable accommodation for a person with a disability if the defendant demonstrates good-faith efforts to identify and make a reasonable accommodation that would provide the person with a disability an equally effective opportunity and would not cause an undue hardship on the operation of the defendant's business. (d) (I) Except as provided in subparagraph (II) of this paragraph (d), the total amount of compensatory and punitive damages awarded pursuant to this subsection (3) shall not exceed the amounts specified in 42 U.S.C. sec. 1981a (b) (3). (II) For employers who employ fewer than fifteen employees, the total amount of compensatory and punitive damages awarded pursuant to this subsection (3) shall not exceed the following amounts: (e) Compensatory or punitive damages awarded pursuant to this subsection (3) are in addition to, and do not include, front pay, back pay, interest on back pay, or any other type of relief awarded pursuant to subsection (2) of this section. (4) If a plaintiff in a civil action filed under this part 4 seeks compensatory or punitive damages pursuant to subsection (3) of this section, any party to the civil action may demand a trial by jury. (8) (b) The commission, a commissioner, an administrative law judge appointed pursuant to part 10 of article 30 of this title, or, in cases involving applicants for positions in or employees in the state personnel system, the state personnel board established pursuant to section 14 of article XII of the state constitution shall not award damages to an aggrieved party alleging an intentional discriminatory or unfair employment practice. An aggrieved party who is seeking compensatory damages as authorized in subsection (3) of this section must file a civil action in a court of competent jurisdiction to recover those damages. except that punitive damages are not recoverable against the state or any political subdivision, commission, department, institution, or school district of the state. SECTION 2. Effective date - applicability. This act takes effect upon passage and applies to causes of action alleging discriminatory or unfair employment practices accruing on or after said date. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.