2021 Colorado Code
Title 24 - Government - State
Article 34 - Department of Regulatory Agencies
Part 8 - Persons With Disabilities - Civil Rights
§ 24-34-802. Violations - Penalties

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. 1. 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, 24-34-502.2, 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: (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, 24-34-502.2, 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:
      1. A court order requiring compliance with the provisions of the applicable section;
      2. The recovery of actual monetary damages; or
      3. A statutory fine not to exceed three thousand five hundred dollars.

   2. 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.
   3. 1. A small business defendant is entitled to a fifty percent reduction in a statutory fine 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. (c) (I) A small business defendant is entitled to a fifty percent reduction in a statutory fine 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.
      2. For purposes of this paragraph (c), "small business" means an employer with twenty-five or fewer employees and no more than three million five hundred thousand dollars in annual gross income.
      3. Nothing in this paragraph (c) may be interpreted to result in a reduction in actual monetary damages awarded pursuant to subparagraph (II) of paragraph (a) of this subsection (2).

3. An award of attorney fees and costs pursuant to section 24-34-505.6 (6)(b) applies to claims brought pursuant to this section.
4. A court that hears civil suits pursuant to this section shall apply the same standards and 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.

Annotator's note. The following annotations include cases decided under this section as it existed prior to its 2014 repeal and reenactment.

Legislative intent in enacting this section and § 24-34-801 was to provide penalties for those employers who exclude handicapped persons from employment solely because of their disability. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).

Portions of § 24-34-801 confer new rights and duties, unknown at common law, and this section provides criminal penalties for violations thereof. Silverstein v. Sisters of Charity, 38 Colo. App. 286, 559 P.2d 716 (1976).

There is no civil action for damages for a violation of § 24-34-801. Silverstein v. Sisters of Charity, 38 Colo. App. 286, 559 P.2d 716 (1976).

Section 24-34-801 (1)(b) requires an individual consideration of each employment application to determine whether a particular person is prevented from performing the work by his particular disability. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).

A group hiring exclusion based on nature of handicap is prohibited. A hiring policy is prohibited which excludes from consideration a group whose members are determined by the nature of their handicap. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).

Exclusion of epileptics from positions in hospitals deemed violation. A hospital's policy of excluding persons with a history of epilepsy from positions involving direct patient care is violative of section 24-34-801. Silverstein v. Sisters of Charity of Leavenworth Health Servs. Corp., 43 Colo. App. 446, 614 P.2d 891 (1979).