§ 2-195.01. Other Awards and Remedies.  


Latest version.
  • (a)

    In addition to the other awards and relief which are hereinafter provided, the Commission may, in accordance with the standards of proof set forth in Section 2-195, also make the following monetary orders determined by the Commission from the evidence of record as the actual damages, costs, or losses involved, or in such amounts as may be specified below:

    (1)

    Should the complainant's personal property be damaged, the complainant may be awarded damages not exceeding any expenses actually incurred in repairing the damage or in replacing the property, if such replacement is found by the Commission to be necessary.

    (2)

    If the complainant was required to incur travel expenses that would not have been incurred but for unlawful discriminatory acts or practices of the respondent, the complainant may be awarded damages not exceeding such expenses. The use of the complainant's automobile shall be compensated at the rate current at the time of the violation for County employees' use of a private automobile for official business. Expenses shall not be awarded to the extent that they have been reimbursed from another source.

    (3)

    Damages may also be awarded to compensate complainant for humiliation and embarrassment suffered in an amount determined by the Commission to be appropriately and reasonably warranted considering all of the circumstances, but in no event shall the amount be in excess of Two Hundred Thousand Dollars ($200,000).

    (4)

    In the event an award of damages is made, the respondent may be ordered to pay to the complainant interest at the legal rate on the loss of the use of any monies arising from the act of discrimination, from the date of the Commission order.

    (b)

    In addition to other awards and relief set forth above, the Commission may impose a civil fine up to Ten Thousand Dollars ($10,000), in accordance with the standards of proof set forth in Section 2-195, on a respondent found to have violated any of the provisions of this Division. The Commission may also negotiate and collect the payment of civil fines and assessments without holding a public hearing, as part of the conciliation procedure set forth in Section 2-203. The terms of the negotiated conciliation agreement between the respondent and the Executive Director, shall be included in a written consent agreement, and if approved by a majority vote of the full Commission, may be incorporated into an order of the Commission, as set forth in Section 2-203.

(CB-30-1990; CB-48-1992; CB-4-1998; CB-85-2014)