HB 25-1239 CO

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Became Law

The act consolidates damages provisions for individuals with disabilities who experience 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 are a court order requiring compliance with the applicable section of CADA, attorney fees and costs, and either actual monetary damages and damages for noneconomic loss or injury or a statutory fine of $5,000 that is payable to each plaintiff for each violation. An award of damages for noneconomic loss or injury is capped at $50,000, and a defendant is entitled to a 50% reduction of the cap on a noneconomic loss or injury award if the defendant 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. A defendant that cannot correct the violation in 30 days but shows good faith effort to correct the violation may be allowed up to 3 additional 30-day periods to correct the violation and be entitled to the 50% reduction of the cap on a noneconomic loss or injury award. Additionally, for discriminatory advertising in violation of CADA and as an alternative to seeking redress from the Colorado civil rights commission, a person aggrieved by such violation may bring a civil action and, upon a finding of a violation, is entitled to a court order requiring compliance with the section of CADA prohibiting discriminatory advertising, attorney fees and costs, and either actual monetary damages and damages for noneconomic loss or injury or a statutory fine of $5,000 that is payable to each plaintiff for each 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 the cap on 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 act adds the provision of a recommendation letter signed by an individual's treating medical professional recommending testing accommodations as a method for an individual with a disability to demonstrate the need for a testing accommodation on a licensing exam. The act appropriates $100,305 from the legal services cash fund to the department of law to implement the act. (Note: This summary applies to this bill as enacted.)

• Yara Zokaie Democratic · primary
• Andrew Boesenecker Democratic · primary
• Lindsey Daugherty Democratic · primary
• Mike Weissman Democratic · primary

1. May 22, 2025 Governor Signed · executive
2. May 6, 2025 Sent to the Governor · executive
3. May 6, 2025 Signed by the President of the Senate · upper
4. May 6, 2025 Signed by the Speaker of the House · lower
5. May 1, 2025 House Considered Senate Amendments - Result was to Concur - Repass · lower
6. Apr 28, 2025 House Considered Senate Amendments - Result was to Laid Over Daily · lower
7. Apr 25, 2025 Senate Third Reading Passed - No Amendments · upper
8. Apr 24, 2025 Senate Second Reading Passed with Amendments - Committee · upper
9. Apr 22, 2025 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole · upper
10. Apr 14, 2025 Senate Committee on Judiciary Refer Amended to Appropriations · upper
11. Apr 3, 2025 Introduced In Senate - Assigned to Judiciary · upper
12. Mar 31, 2025 House Third Reading Passed with Amendments - Floor · lower
13. Mar 28, 2025 House Third Reading Laid Over Daily - No Amendments · lower
14. Mar 27, 2025 House Second Reading Special Order - Passed with Amendments - Committee, Floor · lower
15. Mar 25, 2025 House Committee on Appropriations Refer Amended to House Committee of the Whole · lower
16. Feb 25, 2025 House Committee on Judiciary Refer Amended to Appropriations · lower
17. Feb 12, 2025 Introduced In House - Assigned to Judiciary · lower