1. (1) A person may assert a violation of 42-7-202 as a claim against the state government in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, a private person, or another party.

2. (2) An action alleging a violation of 42-7-202:

   1. (a) must be brought no later than 2 years after the date the person knew or should have known that a discriminatory action was taken against the person; and
   2. (b) may be commenced, and relief may be granted, without regard to whether the person bringing the action has sought or exhausted available administrative remedies.

3. (3) A person who successfully asserts a claim or defense for a violation of 42-7-202 may recover:

   1. (a) declaratory or injunctive relief;
   2. (b) compensatory damages;
   3. (c) reasonable attorney fees and costs; and
   4. (d) any other appropriate relief.

History: En. Sec. 3, Ch. 336, L. 2025.