41-1472
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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. |