§ 12-62-805 - Rights stated -- Cause of action created.
12-62-805. Rights stated -- Cause of action created.
(a) (1) The right of an otherwise qualified person to be free from discrimination because of military service is recognized as and declared to be a civil right.
(2) This right shall include, but not be limited to:
(A) The right to obtain and hold employment without discrimination;
(B) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
(C) The right to engage in property transactions without discrimination;
(D) The right to engage in credit and other contractual transactions without discrimination; and
(E) The right to vote and participate fully in the political process.
(b) A person who is injured by an intentional act of discrimination in violation of subsection (a) of this section may bring a civil action in a circuit court of competent jurisdiction.
(c) (1) An employee who is discriminated against by an employer in violation of subdivision (a)(2)(A) of this section may bring a civil action in a circuit court of competent jurisdiction.
(2) The employee may seek back pay and interest on back pay in addition to the other remedies provided for under this section.
(d) (1) Subject to the limitations on damages in subdivision (d)(2) of this section, a person may seek the following relief for a violation of a civil right under this subchapter:
(A) An order prohibiting the discriminatory practice;
(B) Affirmative relief from the effects of the practice, including, but not limited to, reemployment;
(C) An injunction to enjoin further violations;
(D) An order to recover compensatory and punitive damages; and
(E) An order to recover the cost of litigation and a reasonable attorney's fee, in the discretion of the court.
(2) The total compensatory and punitive damages awarded under this section shall not exceed:
(A) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs no fewer than five (5) but fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose;
(B) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) but fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose;
(C) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) but fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose;
(D) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) but fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose; and
(E) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose.