pursuant to this section, in a civil action brought by a plaintiff under this section
against a defendant who is found to have engaged in an intentional discriminatory,
adverse, or retaliatory employment practice, the plaintiff may recover
compensatory and punitive damages as specified.
(1) A plaintiff may recover punitive damages against a defendant if the plaintiff
demonstrates by clear and convincing evidence that the defendant engaged in a
discriminatory, adverse, or retaliatory employment practice with malice or reckless
indifference to the rights of the plaintiff. However, if the defendant demonstrates
good-faith efforts to comply with this section and to prevent discriminatory, adverse,
and retaliatory employment practices in the workplace, the court shall not award
punitive damages against the defendant.
(2) A plaintiff may recover compensatory damages against a defendant for other
pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss
of enjoyment of life, and other nonpecuniary losses.
(3) In determining the appropriate level of damages to award a plaintiff who has
been the victim of an intentional discriminatory, adverse, or retaliatory employment
practice, the court shall consider the size and assets of the defendant and the
egregiousness of the discriminatory, adverse, or retaliatory employment practice.
(4) Compensatory or punitive damages awarded pursuant to this section are in
addition to, and do not include, front pay, back pay, interest on back pay, or any
other type of relief awarded pursuant to subsection (c) of this section.
(5) If a plaintiff in a civil action filed under this section seeks compensatory or
punitive damages, any party to the civil action may demand a trial by jury.
(6) The court shall award reasonable attorney fees to a plaintiff who prevails in an
action brought pursuant to this section.
(e) Rulemaking. The auditor may promulgate rules necessary to implement this
section.
2. On page 17, line 17, strike "18-862" and replace with "18-863"".
The motion to amend carried by the following vote:
Amended
Aye:
Alvidrez, Gilmore, Gonzales-Gutierrez, Hinds, Kashmann,
Lewis, Parady, Sawyer, Torres (9)
Nay:
Flynn, Romero Campbell, Watson, Sandoval (4)
