§ 9-3508.  Private Right of Action. 1200
   (1)   If within one (1) year after the filing of a complaint with the Commission, the Commission concludes that it has not found sufficient evidence of a violation to proceed further with an investigation, or has not entered into a conciliation agreement to which the complainant is a party, the Commission must notify the complainant that it is dismissing the case. On receipt of such a notice, if the complainant filed the complaint within 300 days of the unlawful act, the complainant may bring an action in a court of competent jurisdiction based on the right to fair criminal record or juvenile record screening standards granted by this Chapter. 1201
   (2)   An action under this Section shall be filed within two years after the date of notice from the Commission closing the case. Any action so filed shall be served on the Commission at the time the complaint is filed in court. The Commission shall notify the complainant of this requirement.
   (3)   The court may grant any relief it deems appropriate, including the right of the complainant to recover for each violation: 1201.1
      (a)   Compensatory damages;
      (b)   Liquidated damages, equal to the payment of the maximum allowable salary for the job subject to the complaint for a period of one month. Total liquidated damages shall not exceed five thousand dollars ($5,000); 1201.2
      (c)   Reasonable attorneys' fees;
      (d)   Court costs; and
      (e)   Such other relief, including injunctive relief, as the court may deem appropriate.
   (4)   Nothing in this Chapter limits the right of an injured person to recover damages under any other applicable law or legal theory.

 

Notes

1200
   Added, Bill No. 150815 (approved December 15, 2015), effective March 14, 2016.
1201
   Amended, Bill No. 180368 (approved June 20, 2018).
1201.1
   Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.
1201.2
   Amended, Bill No. 200479 (approved January 20, 2021), effective April 1, 2021.