Denver Health and Hospital Authority v. Houchin.

2020 CO 89. No. 19SC354. Civil Rights—Employment Practices—Governmental Immunity—Statutory Construction.

December 21, 2020

This case principally required the Supreme Court to decide whether a division of the Court of Appeals erred in concluding that a claimant’s claims against a governmental entity for compensatory damages under the Colorado Anti-Discrimination Act (CADA), CRS § 24-34-405, were barred by operation of the Colorado Governmental Immunity Act (CGIA), CRS § 24-10-106, but that his equitable claims under CADA could proceed.

For the reasons discussed in Elder v. Williams, 2020 CO 88, __ P.3d __, announced concurrently, the Court concluded that (1) neither claims for compensatory relief nor claims for equitable relief against a governmental entity under section 24-34-405 of CADA lie in tort or could lie in tort, and thus neither of such categories of claims are barred by the CGIA; and (2) “the state,” as that term is used in CRS § 24-34-405(8)(g), includes political subdivisions of the state.

Accordingly, the Court reversed the judgment of the division below and remanded the case for further proceedings consistent with this opinion.