Colorado Expands Remedies for Workplace Discrimination Claims

Colorado Governor John Hickenlooper has signed legislation that greatly expands remedies available to employees bringing workplace discrimination claims under the Colorado Anti-Discrimination Act (“CADA”). Under the Job Protection and Civil Rights Enforcement Act of 2013 (HB 1136), signed on May 5th, employees alleging discrimination can now seek front pay, back pay, interest on back pay, reinstatement or hiring, attorney’s fees, costs, and punitive and compensatory damages, or liquidated damages, for discriminatory acts or practices based on “malice or reckless indifference to the rights of the plaintiff.” They also have a right to a jury trial. Previously, employees were able to seek only hiring, reinstatement, promotion, and back pay. The new law aligns the remedies available under CADA with those available under Title VII of the Civil Rights Act. The state Act becomes effective January 1, 2015.