First Regular Session
Sixty-second General Assembly
LLS NO. 99-0309.01 Pam Cybyske HOUSE BILL 99-1153
STATE OF COLORADO
BY REPRESENTATIVE Tate;
also SENATOR Phillips.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
101 CONCERNING AUGMENTATION OF COLORADO EMPLOYMENT
102 DISCRIMINATION LAWS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Includes, as an unfair employment practice, harassment during the
course of employment of any person otherwise qualified because of
disability, race, creed, color, sex, age, national origin, or ancestry.
Makes remedies under Colorado employment discrimination laws
equivalent to those available under federal law by providing that, in cases
of unlawful intentional employment discrimination, a complainant may
recover reasonable attorney fees, compensatory damages, and punitive
damages.
Specifies that the commission may order punitive damages against
nongovernmental respondents if a complainant demonstrates that the
respondent engaged in a discriminatory practice or practices with malice
or reckless indifference to the statutorily protected rights of an aggrieved
individual.
Excludes back pay and interest on back pay from compensatory
damages. Limits the total amount of compensatory and punitive damages
that may be awarded to a complainant based on the number of employees
of the respondent employer. Does not limit the amount of reasonable
attorney fees recoverable by law.
Permits trials by jury in discrimination cases for compensatory and
punitive damages that are filed in civil court. Specifies that juries shall
not be informed of the statutory limitations on damages as set forth in this
act.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 24-34-402 (1) (a), Colorado Revised Statutes, is
3 amended to read:
4 24-34-402. Discriminatory or unfair employment practices.
5 (1) It shall be a discriminatory or unfair employment practice:
6 (a) For an employer to refuse to hire, to discharge, to promote or
7 demote, TO HARASS DURING THE COURSE OF EMPLOYMENT, or to
8 discriminate in matters of compensation against any person otherwise
9 qualified because of disability, race, creed, color, sex, age, national
10 origin, or ancestry; but, with regard to a disability, it is not a
11 discriminatory or an unfair employment practice for an employer to act
12 as provided in this paragraph (a) if there is no reasonable accommodation
13 that the employer can make with regard to the disability, the disability
14 actually disqualifies the person from the job, and the disability has a
15 significant impact on the job;
16 SECTION 2. 24-34-405, Colorado Revised Statutes, is amended
17 to read:
18 24-34-405. Relief authorized. (1) In addition to the relief
19 authorized by section 24-34-306 (9), the commission may order a
20 respondent who has been found to have engaged in an unfair or
21 discriminatory employment practice to take affirmative action regarding:
22 Back pay; hiring, reinstatement, or upgrading of employees, with or
23 without back pay; the referring of applicants for employment by any
24 respondent employment agency; the restoration to membership by any
25 respondent labor organization; the admission to or continuation in
26 enrollment in an apprenticeship program, on-the-job training program, or
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1 a vocational school; the posting of notices; and the making of reports as
2 to the manner of compliance. The commission, in its discretion, may
3 order such remedies singly or in any combination. IN AN ACTION
4 BROUGHT BY A COMPLAINANT UNDER THIS PART 4 AGAINST A RESPONDENT
5 WHO ENGAGED IN UNLAWFUL INTENTIONAL DISCRIMINATION, NOT AN
6 EMPLOYMENT PRACTICE THAT IS UNLAWFUL BECAUSE OF ITS DISPARATE
7 IMPACT, THE COMPLAINANT MAY RECOVER REASONABLE ATTORNEY FEES,
8 COMPENSATORY DAMAGES, AND PUNITIVE DAMAGES AS ALLOWED IN THIS
9 SECTION.
10 (2) Determination of punitive damages. THE COMMISSION MAY
11 ORDER PUNITIVE DAMAGES AGAINST A RESPONDENT, OTHER THAN A
12 GOVERNMENT AGENCY OR POLITICAL SUBDIVISION, IF THE COMPLAINANT
13 DEMONSTRATES AT A HEARING HELD PURSUANT TO SECTION 24-34-306
14 THAT THE RESPONDENT ENGAGED IN A DISCRIMINATORY PRACTICE OR
15 DISCRIMINATORY PRACTICES WITH MALICE OR RECKLESS INDIFFERENCE TO
16 THE STATUTORILY PROTECTED RIGHTS OF AN AGGRIEVED INDIVIDUAL.
17 (3) Exclusions from compensatory damages. COMPENSATORY
18 DAMAGES AWARDED UNDER THIS SECTION SHALL NOT INCLUDE BACK PAY
19 OR INTEREST ON BACK PAY.
20 (4) Limitations. THE SUM OF THE AMOUNT OF COMPENSATORY
21 DAMAGES AWARDED UNDER THIS SECTION FOR FUTURE PECUNIARY LOSSES,
22 EMOTIONAL PAIN, SUFFERING, INCONVENIENCE, MENTAL ANGUISH, LOSS OF
23 ENJOYMENT OF LIFE, AND OTHER NONPECUNIARY LOSSES, AND THE
24 AMOUNT OF PUNITIVE DAMAGES AWARDED UNDER THIS SECTION SHALL
25 NOT EXCEED FOR EACH COMPLAINANT:
26 (a) IN THE CASE OF A RESPONDENT THAT HAS MORE THAN
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1 FOURTEEN BUT NOT MORE THAN ONE HUNDRED EMPLOYEES IN EACH OF
2 TWENTY OR MORE CALENDAR WEEKS IN THE CURRENT OR PRECEDING
3 CALENDAR YEAR, FIFTY THOUSAND DOLLARS;
4 (b) IN THE CASE OF A RESPONDENT THAT HAS MORE THAN ONE
5 HUNDRED BUT NOT MORE THAN TWO HUNDRED EMPLOYEES IN EACH OF
6 TWENTY OR MORE CALENDAR WEEKS IN THE CURRENT OR PRECEDING
7 CALENDAR YEAR, ONE HUNDRED THOUSAND DOLLARS;
8 (c) IN THE CASE OF A RESPONDENT THAT HAS MORE THAN TWO
9 HUNDRED BUT NOT MORE THAN FIVE HUNDRED EMPLOYEES IN EACH OF
10 TWENTY OR MORE CALENDAR WEEKS IN THE CURRENT OR PRECEDING
11 CALENDAR YEAR, TWO HUNDRED THOUSAND DOLLARS; AND
12 (d) IN THE CASE OF A RESPONDENT THAT HAS MORE THAN FIVE
13 HUNDRED EMPLOYEES IN EACH OF TWENTY OR MORE CALENDAR WEEKS IN
14 THE CURRENT OR PRECEDING CALENDAR YEAR, THREE HUNDRED
15 THOUSAND DOLLARS.
16 (5) Construction. NOTHING IN THIS SECTION SHALL BE
17 CONSTRUED TO LIMIT THE AMOUNT OF REASONABLE ATTORNEY FEES
18 RECOVERABLE UNDER THIS SECTION.
19 (6) Jury trial. IF THE COMPLAINING PARTY ELECTS TO PURSUE THE
20 COMPENSATORY AND PUNITIVE REMEDIES AUTHORIZED IN THIS SECTION AT
21 A CIVIL TRIAL:
22 (a) ANY PARTY MAY DEMAND A TRIAL BY JURY; AND
23 (b) THE COURT SHALL NOT INFORM THE JURY OF THE LIMITATIONS
24 DESCRIBED IN SUBSECTION (4) OF THIS SECTION.
25 SECTION 3. Effective date - applicability. This act shall take
26 effect July 1, 1999, and shall apply to acts occurring on or after said date.
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1 SECTION 4. Safety clause. The general assembly hereby finds,
2 determines, and declares that this act is necessary for the immediate
3 preservation of the public peace, health, and safety.