SB 71 - This act refines the definition of "handicap" for unlawful discriminatory practice to include a person perceived as having an impairment which substantially limits major life activity, whether or not the impairment actually exists, or a person who has a record of such an impairment.

The act removes the one hundred eighty day delay for an aggrieved person to request a letter from the Commission indicating their right to bring a civil action. The letter from the Commission shall include a notice that the action be brought within ninety days of receipt of the letter by the aggrieved party.

Timely suit falls under the general statute of limitations provisions. A jury trial is required, unless waived by all parties. The court may not award actual or punitive damages in addition to the jury award. All forms of compensatory damages are recoverable, including proximate mental and emotional distress. Any claim for mental or emotional distress proximately caused by an unlawful discriminatory practice precludes any claim permitted for mental injury under applicable worker's compensation law.

This act shall apply to all pending actions, before the Commission or a court, as of the effective date of this section (later of July 1, 1995 or upon final passage and approval).

This bill is similar to SB 479 (1994).
JAMES KLAHR