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House advances bills strengthening damages and filing rules under Colorado Anti‑Discrimination Act after heated debate
Summary
Lawmakers approved House Bill 12‑39 to expand remedies under the Colorado Anti‑Discrimination Act (CADA), restore a path to non‑economic damages for some discrimination claims, and alter filing and damage limits after floor amendments and debate over fines and caps.
The Colorado House on Thursday advanced House Bill 12‑39, a package of changes to the Colorado Anti‑Discrimination Act that, sponsors said, restores a path for non‑economic damages in state court after federal court decisions limited such remedies.
Representative Zokai, a co‑prime sponsor, described the bill as an effort to fill a gap left by federal rulings and to give Coloradans discrimination remedies they lost in court. "12 39, if passed, would represent the largest expansion of CADA enforcement rights since it was passed nearly 70 years ago," she said on the floor.
Floor debate focused on several issues: a statutory per‑claim penalty of $5,000 for each aggrieved person per violation; the cap on non‑economic damages (the House considered lowering a $50,000 cap to $10,000 but rejected the reduction); and notice/cure periods that would require a complainant to notify a defendant before filing suit to allow corrective action. Lawmakers also debated amendments adjusting damage caps and notice periods. Some members argued the $5,000 automatic payment could be abused and stack up against small businesses, while others said fines and damages are necessary to change behavior and provide remedy for harmed parties.
A multi‑page amendment (L3) that sponsors described as technical cleanup passed on the floor; other amendments aiming to change cure timelines, caps, or the $5,000 automatic remedy were debated and either adopted or rejected. The bill carries significant attention from disability advocates and business groups; sponsors said it was stake‑holded with many groups and that some fiscal adjustments were made in appropriations to address costs.
After the floor work, the bill was placed on the calendar for third reading and final passage. Sponsors said the legislation is meant to provide an avenue for non‑economic damages when federal law no longer allows recovery in federal court, and to shore up enforcement options in state court.
