Arizona Laws 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:
Terms Used In Arizona Laws 41-1472
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Plaintiff: The person who files the complaint in a civil lawsuit.
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.