41-1472. Damages; preventive relief; civil
penalties; attorney fees


A. In an action under section 41-1471, if the superior court finds that
discrimination in violation of section 41-1421 or 41-1442 has occurred, the court may
award:


1. Actual and compensatory damages, including damages for emotional distress.


2. Court costs.


3. Preventive relief, including a permanent or temporary injunction, a restraining
order or any other order against the person responsible for a violation of section
41-1421 or 41-1442.


B. In an action brought by the attorney general, if the superior court finds that
discrimination in violation of section 41-1421 or 41-1442 has occurred, the court may
award:


1. Actual and compensatory damages, including damages for emotional distress.


2. Court costs.


3. Preventive relief, including a permanent or temporary injunction, a restraining
order or any other order against the person responsible for a violation of section
41-1421 or 41-1442.


4. If appropriate to vindicate the public interest, a civil penalty against the
person responsible for the violation of not more than:


(a) Five thousand dollars for a first violation.


(b) Ten thousand dollars for any subsequent violation.


C. In an action under section 41-1471, the court shall award reasonable attorney
fees to a prevailing plaintiff, other than the attorney general. The court shall not
award attorney fees to a prevailing defendant unless the plaintiff's complaint was
frivolous, unreasonable or without foundation.