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.