Elder v. Williams

Summary

The Colorado Supreme Court considered whether claims for compensatory relief and front pay under the Colorado Anti-Discrimination Act are barred by the Colorado Governmental Immunity Act. The court held that CADA claims do not lie in tort or could lie in tort, that the term “the state” includes political subdivisions for purposes of compensatory damages, and that front pay is equitable rather than compensatory. The court affirmed the judgment below.

Holdings

1. Claims for compensatory relief under CADA do not and could not lie in tort for purposes of the CGIA because CADA creates statutory duties directed at eliminating workplace discrimination rather than compensating individuals for common-law tort injuries. Public entities therefore are not immune from such CADA claims under the CGIA.
2. The phrase "the state" in section 24-34-405(8)(g) includes the State of Colorado, state agencies, and political subdivisions. Accordingly, political subdivisions are not immune from CADA compensatory-damages claims based on intentional unfair or discriminatory employment practices.
3. Front pay under CADA is equitable rather than compensatory in nature, and claims seeking front pay do not and could not lie in tort for purposes of the CGIA.

Questions Presented

1. Whether claims against a governmental entity for compensatory relief under CADA are claims for injuries that lie in tort or could lie in tort and are therefore barred by the CGIA.
2. Whether the phrase "the state" in CADA section 24-34-405(8)(g) includes state agencies and political subdivisions.
3. Whether front pay under CADA is compensatory in nature and lies in tort or could lie in tort for purposes of the CGIA.

Disposition

affirmed