(1) It is a discriminatory practice and unlawful for any person to discriminate against any individual or group because such person or group has opposed any practice made a discriminatory practice based on disability pursuant to part 5, 6, or 8 of this article, or because such person or group has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to part 5, 6, or 8 of this article.
(2) (a) A qualified individual with a disability, as defined in section 24-34-301 (5.6), who is subject to a violation of subsection (1) of this section or of section 24-34-502, 24-34502.2, 24-34-601, or 24-34-803 based on his or her disability may bring a civil suit in a court of competent jurisdiction and is entitled to any of the following remedies:
A court order requiring compliance with the provisions of the applicable section;
The recovery of actual monetary damages; or
A statutory fine not to exceed three thousand five hundred dollars.
For a claim brought pursuant to paragraph (a) of this subsection (2) for a construction-related accessibility violation, the violation must be considered a single incident and not as separate violations for each day the construction-related accessibility violation exists.
(I) A small business defendant is entitled to a fifty percent reduction in a statutoryfine assessed pursuant to subparagraph (III) of paragraph (a) of this subsection (2) if it corrects the accessibility violation within thirty days after the filing of the complaint. The fifty percent reduction in a statutory fine does not apply, however, if the defendant knowingly or intentionally made or caused to have made the access barrier that caused the accessibility violation.
For purposes of this paragraph (c), "small business" means an employer with twentyfive or fewer employees and no more than three million five hundred thousand dollars in annual gross income.
Nothing in this paragraph (c) may be interpreted to result in a reduction in actualmonetary damages awarded pursuant to subparagraph (II) of paragraph (a) of this subsection (2).
An award of attorney fees and costs pursuant to section 24-34-505.6 (6)(b) applies toclaims brought pursuant to this section.
A court that hears civil suits pursuant to this section shall apply the same standardsand defenses that are available under the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
Source: L. 79: Entire part R&RE, p. 940, § 3, effective July 1. L. 95: Entire section amended, p. 321, § 2, effective August 7. L. 2014: Entire section R&RE, (SB 14-118), ch. 250, p. 980, § 11, effective August 6.