HB 10-1269 Summary

• Establishes the "Workplace Fairness and Civil Rights and Remedies Act of 2010" to allow compensatory and punitive damages in employment discrimination cases brought under Colorado state law.

• Caps total damages based on employer size: $25,000 for employers with 14 or fewer employees; $50,000 for 15-100 employees; $100,000 for 101-200 employees; $200,000 for 201-500 employees; and $300,000 for employers with more than 500 employees.

• Permits punitive damages only when plaintiff proves by preponderance of evidence that defendant engaged in discriminatory conduct with malice or reckless indifference; permits compensatory damages for emotional pain, suffering, mental anguish, and other nonpecuniary losses.

• Allows either party to demand jury trial when damages are claimed and prohibits court from informing jury of damage caps; permits prevailing party to recover reasonable attorney fees and costs.

• Takes effect August 11, 2010; before that date, damages and attorney fees available only against employers with 15+ employees; after that date, available against any employer regardless of size.