§489-7.5 - Suits by persons injured; amount of recovery, injunctions.
§489-7.5 Suits by persons injured; amount
of recovery, injunctions. (a) Any person who is injured by an unlawful
discriminatory practice, other than an unlawful discriminatory practice under
part II of this chapter, may:
(1) Sue for damages sustained, and, if the judgment
is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000
or threefold damages by the plaintiff sustained, whichever sum is the greater,
and reasonable attorneys' fees together with the costs of suit; and
(2) Bring proceedings to enjoin the unlawful
discriminatory practices, and if the decree is for the plaintiff, the plaintiff
shall be awarded reasonable attorneys' fees together with the cost of suit.
(b) The remedies provided in subsection (a)
shall be applied in class action and de facto class action lawsuits or
proceedings provided that:
(1) The minimum $1,000 recovery provided in
subsection (a) shall not apply in a class action or a de facto class action
lawsuit; and
(2) That portion of threefold damages in excess of
compensatory damages shall be apportioned and allocated by the court in its
exercise of discretion so as to promote effective enforcement of this part and
deterrence from violation of its provisions.
(c) The remedies provided in this section are
cumulative and may be brought in one action. [L 1989, c 386, §2; am L 2000, c
227, §5; am L 2001, c 55, §23]