§ 16-123-107 - Discrimination offenses.
               	 		
16-123-107.    Discrimination offenses.
    (a)  The  right of an otherwise qualified person to be free from discrimination  because of race, religion, national origin, gender, or the presence of  any sensory, mental, or physical disability is recognized as and  declared to be a civil right. This right shall include, but not be  limited to:
      (1)  The right to obtain and hold employment without discrimination;
      (2)  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;
      (3)  The right to engage in property transactions without discrimination;
      (4)  The right to engage in credit and other contractual transactions without discrimination; and
      (5)  The right to vote and participate fully in the political process.
(b)  Any  person who is injured by an intentional act of discrimination in  violation of subdivisions (a)(2)-(5) of this section shall have a civil  action in a court of competent jurisdiction to enjoin further  violations, to recover compensatory and punitive damages, and, in the  discretion of the court, to recover the cost of litigation and a  reasonable attorney's fee.
(c)    (1)    (A)  Any  individual who is injured by employment discrimination by an employer  in violation of subdivision (a)(1) of this section shall have a civil  action in a court of competent jurisdiction, which may issue an order  prohibiting the discriminatory practices and provide affirmative relief  from the effects of the practices, and award back pay, interest on back  pay, and, in the discretion of the court, the cost of litigation and a  reasonable attorney's fee.
            (B)  No liability for back pay shall accrue from a date more than two (2) years prior to the filing of an action.
      (2)    (A)  In  addition to the remedies under subdivision (c)(1)(A) of this section,  any individual who is injured by intentional discrimination by an  employer in violation of subdivision (a)(1) of this section shall be  entitled to recover compensatory damages and punitive damages. The total  compensatory and punitive damages awarded under this subdivision  (c)(2)(A) shall not exceed:
                  (i)  The  sum of fifteen thousand dollars ($15,000) in the case of an employer  who employs fewer than fifteen (15) employees in each of twenty (20) or  more calendar weeks in the current or preceding calendar year;
                  (ii)  The  sum of fifty thousand dollars ($50,000) in the case of an employer who  employs more than fourteen (14) and fewer than one hundred one (101)  employees in each of twenty (20) or more calendar weeks in the current  or preceding calendar year;
                  (iii)  The  sum of one hundred thousand dollars ($100,000) in the case of an  employer who employs more than one hundred (100) and fewer than two  hundred one (201) employees in each of twenty (20) or more calendar  weeks in the current or preceding calendar year;
                  (iv)  The  sum of two hundred thousand dollars ($200,000) in the case of an  employer who employs more than two hundred (200) and fewer than five  hundred one (501) employees in each of twenty (20) or more calendar  weeks in the current or preceding calendar year; and
                  (v)  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.
      (3)  Any action based on  employment discrimination in violation of subdivision (a)(1) of this  section shall be brought within one (1) year after the alleged  employment discrimination occurred, or within ninety (90) days of  receipt of a "Right to Sue" letter or a notice of "Determination" from  the United States Equal Employment Opportunity Commission concerning the  alleged unlawful employment practice, whichever is later.