(1) An aggrieved individual may, within ninety days after exhausting administrative remedies pursuant to section 8-14.4-105, commence an action in district court against a principal for a violation of this article 14.4.
(2) A court may order affirmative relief that the court determines to be appropriate, including the following relief, against a respondent who is found to have engaged in a discriminatory, adverse, or retaliatory employment practice prohibited by this article 14.4:
(a) Reinstatement or rehiring of a worker, with or without back pay; (b) The greater of either:
Ten thousand dollars; or
Any lost pay resulting from the violation, including back pay for a reinstated orrehired worker and front pay for a worker who is not reinstated or rehired; and (c) Any other equitable relief the court deems appropriate.
(3) (a) In addition to the relief available pursuant to subsection (2) of this section, in a civil action brought by a plaintiff under this article 14.4 against a defendant who is found to have engaged in an intentional discriminatory, adverse, or retaliatory employment practice, the plaintiff may recover compensatory and punitive damages as specified in this subsection (3).
A plaintiff may recover punitive damages against a defendant if the plaintiff demonstrates by clear and convincing evidence that the defendant engaged in a discriminatory, adverse, or retaliatory 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 article 14.4 and to prevent discriminatory, adverse, and retaliatory employment practices in the workplace, the court shall not award punitive damages against the defendant.
A plaintiff may recover compensatory damages against a defendant for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.
In determining the appropriate level of damages to award a plaintiff who has beenthe victim of an intentional discriminatory, adverse, or retaliatory employment practice, the court shall consider the size and assets of the defendant and the egregiousness of the discriminatory, adverse, or retaliatory employment practice.
Compensatory or punitive damages awarded pursuant to this subsection (3) are inaddition 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.
If a plaintiff in a civil action filed under this article 14.4 seeks compensatory orpunitive damages pursuant to subsection (3) of this section, any party to the civil action may demand a trial by jury.
The court shall award reasonable attorney fees to a plaintiff who prevails in an actionbrought pursuant to this section.
Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1355, § 1, effective July 11.